Kitchens v. Noland

On August 15, 1928, B. II. Kitchens bought a certain tract of land containing about two acres, which will be referred to *685hereafter as the B. D. Watkins home place. The deeds in Kitchens’ chain of title contain no restrictions as to the nse to which the land can be put. After purchase, Kitchens llegan making preparations to erect an apartment-house and stores on the lot; whereupon S. C. Noland et al., owners of near-by lots, obtained an ox parte restraining order against defendant building on said lot. On interlocutory hearing the restraining order was dissolved, and an injunction was refused.…