Timmerman v. Gabriel

MR. JUSTICE JOHN CONWAY HARRISON

delivered the Opinion of the Court.

Defendants, husband and wife, appeal from a mandatory injunction issued to enforce restrictive covenants against them-by the Hon. Victor H. Fall, District Judge, sitting without a jury in the first judicial district, Lewis and Clark county. ;

In the spring of 1965, Owen F. Gabriel and his wife, Audrey M. Gabriel, defendants herein, purchased 2 lots in the Helena Valley Estates Subdivision. These lots were sold to them by Lloyd Snyness, a realtor, at a cost of approximately $1,300. Restrictive covenants affecting the type of…