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EAGLE ROCK RANCH, INC. v. DRYE

No. 10805.

347 S.W.2d 730 (1961)

EAGLE ROCK RANCH, INC., et al., Appellants, v. Robert W. DRYE et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied June 7, 1961.

Attorney(s) appearing for the Case

Ernest Morgan, San Marcos, Sam W. Mintz, De Lange, Hudspeth & Pitman, Houston, for Eagle Rock Ranch, Inc.

John C. Foshee, Arthur P. Bagby, Austin, for C. B. Smith.

Alvis Vandygriff, Austin, W. T. Barber, San Marcos, O'Quinn, McDaniel & Randle, Howell Finch, Austin, for Robert W. Drye and others.

Patterson, McDaniel & Moore, Houston, Mark V. Fuchs, New Braunfels, Elmer S. Browder, Houston, Terry L. Jacks, Edward M. Cape, San Marcos, for Conso Realty Co., Eagle Rock Corp. and Edward C. James.

ARCHER, Chief Justice.

This was a suit brought by appellees Robert W. Drye and eight other named persons, alleged to be a class suit, for declaratory judgment establishing alleged oral easements for pleasure and recreational purposes upon and across the Ranch property of appellants; also to modify and reform a portion of the recorded plat and restrictions on Eagle Rock Heights, Sec. 1 (being a subdivision by appellant Eagle...

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