Smith v. Carlton Farms, Inc.

Banke, Presiding Judge.

The nine appellants herein, owners of lots in Countryside Subdivision, a residential subdivision in the City of Moultrie, Georgia, brought a declaratory judgment action against the developers of the subdivision and the owners of Lots 22 and 23 of Block C, thereof, seeking a declaration of the parties’ rights with respect to certain alleged building restrictions governing the subdivision. They appealed to the Supreme Court from a judgment in favor of the defendantappellees, and the Supreme Court transferred the case to this court.

A survey delineating the subdivision’s…