SMITH v. MOORE

No. 14997.

425 S.W.2d 856 (1968)

Lloyd H. SMITH et al., Appellants, v. Weaver MOORE et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied March 28, 1968.


Attorney(s) appearing for the Case

Hutcheson, Taliaferror & Hutcheson, Thad T. Hutcheson, John D. Roady, Thomas N. Crowell, Houston, for appellants.

Cleaves & Cleaves, Wilbur S. Cleaves, Houston, for appellees, Mrs. Sadie C. Blaffer and others.

Williams, Lee & Lee, Jesse J. Lee, James W. Lee, Houston, for appellees, Weaver Moore and others.

Butler, Binion, Rice, Cook & Knapp, Jack Binion, William C. Perry, Claude C. Roberts, Houston, for appellees, The Houston Post Co. and Mrs. Oveta Culp Hobby.


PEDEN, Justice.

The plaintiffs sought a declaratory judgment holding that certain building and use restrictions embodied in a recorded instrument called the "Agreement Creating Shadyside," and incorporated by reference in the original conveyances of lots in the subdivision, are of permanent or indefinite duration (at least until there is an abandonment or waiver of them or a substantial change of conditions so as to make them unenforceable). Alternatively, they asked...

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