Mississippi Supreme Court

Les Smith v. Elizabeth Brockway and Rebecca Brockway

November 14, 2024

Summary

The Mississippi Supreme Court affirmed the denial of Les Smith’s request for injunctive and declaratory relief concerning the Brockways’ proposed manufactured home. Reading the restrictive covenants as a whole, the Court held that their plain language required the original grantor to date and sign them before they could run with the land, and the grantor’s failure to sign them defeated the required intent to create enforceable covenants.