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COWLING v. COLLIGAN

No. A-6650.

312 S.W.2d 943 (1958)

R. E. COWLING et al., Petitioner, v. Mrs. R. M. COLLIGAN, Respondent.

Supreme Court of Texas.

Rehearing Denied May 28, 1958.

Attorney(s) appearing for the Case

Kelley & Ryan, Houston, for petitioner.

Stovall, O'Bryant & Stovall, Houston, for respondent.

CALVERT, Justice.

This class suit was brought by R. E. Cowling and some seventeen other owners of lots in Post Oak Gardens Subdivision, and addition to the City of Houston, against Mrs. R. M. Colligan as owner and J. Terry Falkenbury as tenant or lessee of Tract No. 2 in the subdivision. The purpose of the suit was to obtain a declaratory judgment that certain restrictive covenants, and particularly a covenant restricting use of the lots in the subdivision "for residence...

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