Avondale Heights Company v. Proctor

Opinion of the Court by

Judge Willis

Affirming.

This is an action upon an injunction bond to recover attorney fees and damages for the depreciation and loss of use of real property while the order of injunction was in force.

The Avondale Heights Company in 1913 acquired a subdivision lying about a mile west of the corporate limits of the city of Paducah, which had belonged to the .Gregory Heights Company. In making the subdivision, an open space had been left marked “Reserve,” and in 1922 the appellant proposed to sell lots carved from the space so marked. It was thereupon sued by Xenoline Morris…