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DAVIS v. CONGREGATION SHEARITH ISRAEL

No. 14995.

283 S.W.2d 810 (1955)

J. C. DANIS, et al., Appellants, v. CONGREGATION SHEARITH ISRAEL, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied November 18, 1955.

Attorney(s) appearing for the Case

Grady, Johnson, Bell & Lee, Dallas, for appellants.

Henry W. Strasburger, Royal H. Brin, Jr., Charles Marcus, Meyer Ungerman, H. M. Oster, Levi Topletz, Elihu E. Berwald, Max R. Rosenfield, and J. Manuel Hoppenstein, Dallas, for appelee.

DIXON, Chief Justice.

This is a suit for declaratory judgment instituted by appellee Congregation Shearith Israel against 39 defendants as class representatives under Rule 42, Texas Rules of Civil Procedure. The Congregation sought a judgment declaring that its 11.9 acre tract of land is not burdened with deed restrictions that would prevent the erection and use of improvements for church and religious educational purposes. Following a jury trial and a judgment in...

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