Billington v. Riffe

JOY, Justice.

The plaintiffs filed this suit seeking the construction of certain language in a partition deed. Defendants answered, claiming that the deed created a restrictive covenant running with the land and prayed for an injunction to prevént the drilling and operation of an irrigation well on the west half (Wi/2) of Section 271. The trial court, sitting without a jury, held that the partition deed created no restrictive covenant running with the land and thus defendants’ prayer for an injunction was denied. The defendants have here appealed. Affirmed.

On or about June 2, 1961, the…