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DRYE v. EAGLE ROCK RANCH, INC.

No. A-8517.

364 S.W.2d 196 (1962)

Robert W. DRYE et al., Petitioners, v. EAGLE ROCK RANCH, INC., et al., Respondents.

Supreme Court of Texas.

On Rehearing January 30, 1963.

Attorney(s) appearing for the Case

L. Alvis Vandygriff, Austin, W. T. Barber, San Marcos, O'Quinn, McDaniel & Randle, Austin, Howell Finch, Austin, with above firm, for petitioners.

Sam W. Mintz, DeLange, Hudspeth & Pitman, Houston, for respondent Eagle Rock Ranch, Inc.

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

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

GREENHILL, Justice.

Robert Drye and others purchased lots in the subdivisions of the Eagle Rock Ranch area in Wimberley, Hays County, Texas. Several testified that they purchased the lots in the belief that they would have recreation privileges over the entire 1000-acre Eagle Rock Ranch. The deeds to the lots described them by lot and block number with reference to recorded plats of the subdivisions. The major portion of the ranch outside the subdivisions is not shown...

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