Burden v. Lobdell

Plaintiffs’ complaint seeking to remove restrictive covenants established by the plat of a subdivision was stricken on defendants’ motion. Plaintiffs elected to stand on the complaint and the suit was dismissed. This appeal is taken from the order of dismissal.

The plaintiffs allege that “. . . they are owners of the Northerly 60 feet of Lot 1 and Lots 2 and 3, and the North 60 feet of Lots 4, 5, 6, 7, 8 and 9 of Glendale Subdivision . . .” referenced to the following plat of subdivision:

Plaintiffs further allege, as material here, that defendants are owners of all of the other lots and…