Baker v. Smith

Plaintiffs own and occupy part of a lot in Gil-Mar Park, an addition to Des Moines. Defendants own adjacent lots in said addition. This is a high-class residential addition platted in 1910 and containing one hundred forty-seven lots, almost all of which are occupied by houses about thirty-five or forty years old but apparently in good condition. Each lot had been conveyed by the owners o-f the plat subject to uniform restrictions and covenants running with the land, as follows:

“First: The said premises shall (if occupied) be used for residence purposes exclusively and for no other purpose…