Carter v. Pace

This case involves the question of whether a provision in a deed is sufficient to constitute a restrictive covenant limiting the use of the lot conveyed to residential purposes.

Appellants A. G. and Lewis Carter, devisees of A. J. Carter deceased, and five other owners of lots in the subdivision in question, brought this suit in the Chancery Court of Lauderdale County against appellee D. A. Pace. The bill sought to enjoin Pace from operating a garage on lot No. 7 in the A. J. Carter Subdivision, and *491to enjoin Mm from using it for any purpose other than residential; and to abate the operation…