Marks v. Wingfield

Appellants, Dudley H. Marks and Thurman H. Upchurch (collectively, Marks), sued to enjoin the appellees, Carlton L. Wingfield and others (defendants), from placing campers 2 .upon certain subdivision lots owned by the defendants. All lots in the subdivision are subject to the following restrictive covenants:

1. No shacks, tents, house trailers or temporary dwellings of any kind whatsoever shall be erected on the property.

2. Lots hereby conveyed shall be used and occupied for residential purposes only, and only one single-family residence shall be constructed on any lot.

In their responsive…