Tubbs v. Brandon

This is an appeal from a judgment enjoining the owners of a building lot from violating a restrictive covenant applicable to that lot. The appeal is dismissed ex mero motu.

The original action was initiated by twenty-seven plaintiffs owning real estate in a Scottsboro residential subdivision, the lots in which were subject to restrictive covenants of record in the office of the probate judge of Jackson County. While these were in force the defendants, Walter and Sara Tubbs, purchased one of the lots by a deed which was specifically subject to those covenants. One of the covenants prohibited…