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MONTGOMERY v. EBONY HILLS IMPROVEMENT CO.

No. 4667.

229 S.W.2d 830 (1950)

MONTGOMERY et al. v. EBONY HILLS IMPROVEMENT CO.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied February 15, 1950.

Attorney(s) appearing for the Case

Kelley, Looney, McLean & Enochs, and Jackson Littleton, all Edinburg, for appellants.

Aldrich & McDonald, Sawnie B. Smith, Hall, Henrickson & Rawlins, all Edinburg, for appellee.

SUTTON, Justice.

The purpose of the suit was to have the Court construe by a declaratory judgment a general warranty deed and in particular a provision creating a condition or limitation on the estate conveyed. The suit was brought by Ebony Hills Improvement Company, a real estate corporation, and the construction and judgment was favorable to it and the defendants prosecute the appeal.

The facts are brief and not controverted. The deed conveyed approximately...

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