BUTLER v. SHELTON

No. 11426.

408 S.W.2d 530 (1966)

Mike BUTLER et al., Appellants, v. Emmett SHELTON, Sr., et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied November 23, 1966.


Attorney(s) appearing for the Case

J. Malcolm Robinson, Austin, for appellants.

Holloway & Holloway, Sterling Holloway, Austin, for appellees.


PHILLIPS, Justice.

In 1949 the appellees, plaintiffs below, conveyed 3.18 acres of land to five grantees, designated in the deed as trustees, to be used "as a park for educational and recreational purposes" for all persons who had purchased or would purchase property from the appellees within a particular 500 acre tract owned by them.

The instrument of conveyance was in the form of a general warranty deed.

In March, 1965 three of the original five...

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