Peterson v. Gales

This action was brought to restrain the defendant Arthur C. Gales from erecting on lot 20 of block 2 of Owen’s subdivision to the city of Racine a building in violation of a restrictive covenant affecting the use of said lot. A partition deed between the heirs of the proprietor of said subdivision contained the following covenant:

“It is also agreed, and all the parties hereto agree not to build on Owen avenue any house with a foundation wall nearer than twenty-four feet from the street line. Also not to build on said avenue 'any house costing less than $1,500. . . . Also agreed that…