Higdem v. Whitham

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an appeal by defendants William R. Whitham and Jung Yul Whitham from an order and judgment entered in the district court, Lincoln County, holding that a garage built by the defendants violated certain restrictive covenants and ordering the garage removed. The matter was tried by the court, sitting without a jury.

*203The matter was presented to the trial court on these agreed facts:

“That plaintiffs [Elmer Higdem and Verda Higdem] and defendants are neighbors and owners of adjacent lots of real property in Mountain View Park, a…