Hoover v. Waggoman

BRICE, Chief Justice.

The question is whether certain restrictive covenants contained in - a deed conveying city lots, restrict the use of the land so that the grantee is precluded from its use for parking automobiles.

This action was brought by plaintiff (appellee) to enjoin the defendant from paving and using lots 1 and 2 of Block 55 of the University Heights addition to the City of Alburquerque for storing automobiles.

The material facts found by the court and its conclusions of law are in substance as follows:

“That the provisions of the deed from the subdivider and owner, conveying Lots 1…