Bumgarner v. Pruitt

IRWIN, Justice.

Plaintiffs in error, herein referred to as plaintiffs, commenced proceedings against defendant in error to enjoin and restrain him from constructing a barn on a certain lot in violation of the restrictive covenants contained in the dedication deed. A temporary restraining order was issued. On hearing, the trial court determined the issues in favor of defendant, dissolved the temporary restraining order, and rendered judgment for defendant. Plaintiffs appeal from the order overruling their motion for a new trial.

FACTS

The lot on which defendant started the construction of his…