Bennett v. Charles Corp.

Flowers, Justice:

This appeal from a judgment of the Circuit Court of Kanawha County involves the enforceability of certain restrictions upon the use of a tract of land. The plaintiffs, Howard Bennett and Lillian L. Bennett, owners of a dwelling house within a subdivided tract, sought to enjoin the defendants who are the owners of the remaining lots in the tract from converting those lots into a cemetery and from using them for other than residential purposes. The plaintiffs also sought additional mandatory relief requiring the defendants “to remove any graves [sic] in said subdivisions” and…