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HODGKINS v. PICKETT

No. 16200.

344 S.W.2d 461 (1961)

Dudley HODGKINS, Appellant, v. S. W. PICKETT et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

March 3, 1961.

Attorney(s) appearing for the Case

Harris & Ball, and Chester G. Ball, Arlington, for appellant.

Morgan & Shropshire, and Cecil A. Morgan, Fort Worth, for appellees.

BOYD, Justice.

Fairmount Land Company, the dedicator of University Place Addition to the City of Fort Worth, restricted the addition to residential use. In 1947 Dudley Hodgkins acquired Lots 8 and 9, Block 32, in said addition. He was advised by his attorney of the existence of the restrictions.

Hodgkins filed this suit for a declaratory judgment that the restrictions are no longer valid. The suit was brought as a class action, it being alleged the parties...

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