Stockdale v. Lester

MOORE, Justice.

This is a declaratory judgment action, tried in equity, for construction of certain restrictive covenants pertaining to lots within a platted subdivision and for an injunction against defendants’ proposed use of one lot as a public street. The trial court construed the covenants contrary to plaintiff’s contentions and denied injunctive relief. Plaintiff has appealed.

In 1964 plaintiff, Jerome E. Stockdale, owned an undeveloped tract of land on the north side of Highway 9 in Estherville. Adjacent thereto to the east a smaller undeveloped tract was owned by defendant, Herbert…