Essary v. Cox

FARMER, Judge.

Defendants, Michael E. Cox, Harold E. Petty, and Cox Oil Company, Inc., appeal from the trial court’s order holding that restrictive language contained in a prior deed constituted a restrictive covenant running with the land which was binding on Defendants as remote grantees. The order further enjoined Defendants from selling oil and gas supplies and products from their property in contravention of the covenant.

At trial the parties stipulated to the following facts:

1. Prior to March 22, 1977, the Plaintiffs, Wayne Essary and Marzell Essary, owned a service station and, on an…