Shuford v. Asheville Oil Company

The court below, in refusing to continue the temporary restraining order until the final hearing, rested its decision on two grounds: (1) On the acquiescence of plaintiff in the changes made in the restrictions in the deed executed by him on 16 September, 1949, to Harold C. Wilburn, Chester Brown, Jr., and Jack H. Brown, the grantors of the defendant, by the contract entered into by and between the grantor and the grantees in said deed on 19 December, 1949; and (2) on the finding of fact to the effect that the character of the com munity has changed to such an extent since the execution of…