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SCHICK v. PERRY

No. 9246.

12 Utah 2d 173 (1961)

364 P.2d 116

F.B. SCHICK AND MARY EVE SCHICK, HIS WIFE, PLAINTIFFS AND APPELLANTS, v. J.H. PERRY AND MARIAN PERRY, HIS WIFE, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

August 7, 1961.

Attorney(s) appearing for the Case

Clyde & Mecham, Elliott Lee Pratt, Salt Lake City, for appellants.

McKay & Burton, Reed H. Richards, Salt Lake City, for respondents.

KELLER, District Judge.

On January 3, 1946, one Edward N. Bagley and his immediate family created what is known as Cottonwood Glade Subdivision consisting of 33 lots located in a suburban area of Salt Lake City. On January 3, 1947, the creators of the subdivision recorded an instrument styled "Restrictions of Cottonwood Subdivision." On January 19, 1951, the appellants bought Lot No. 11 of the subdivision and constructed thereon a dwelling house at an estimated cost...

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