KELLY v. LOVEJOY

No. 13580.

565 P.2d 321 (1977)

John T. KELLY and Nicki D. Kelly, husband and wife, Plaintiffs and Respondents, v. Floyd M. LOVEJOY and Beverly Lovejoy, husband and wife, Defendants and Appellants.

Supreme Court of Montana.

Decided June 10, 1977.


HASWELL, Justice.

Plaintiffs Kelly brought this action in the district court, Yellowstone County, seeking enforcement of a restrictive covenant by enjoining defendants Lovejoy from maintaining two horses on their property. The court enjoined the Lovejoys who now appeal that order. We reverse.

At the time this action was commenced both plaintiffs and defendants resided in a subdivision located a short distance outside...

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