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PAYNE v. BORKAT

35433.

244 Ga. 615 (1979)

261 S.E.2d 393

PAYNE et al. v. BORKAT et al.

Supreme Court of Georgia.

Decided October 31, 1979.

Attorney(s) appearing for the Case

Reinhardt, Whitley & Rogers, Bob Reinhardt, for appellants.

David J. Kelley, for appellees.

MARSHALL, Justice.

The parties to this case are owners of lots in a residential subdivision in Tifton, Georgia. The plaintiffs filed a petition for declaratory judgment, seeking a declaration that a restrictive covenant in their deeds is unenforceable. The trial court ruled in favor of the plaintiffs, and the defendants appeal.

The parties trace titles to their respective properties to a common grantor, who placed...

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