PAINTER v. MacDONALD

No. 11567.

427 S.W.2d 127 (1968)

Theo S. PAINTER, Jr., et al., Appellants, v. George G. MacDONALD et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied April 24, 1968.


Attorney(s) appearing for the Case

Harry M. Whittington, Charles M. Babb, Austin, for appellants.

McGinnis, Lochridge, Kilgore, Hunter & Wilson, Robert C. McGinnis, John W. Stayton, Jr., Clark, Thomas, Harris, Denius & Winters, J. Sam Winters, Mary Joe Carroll, Austin, for appellees.


O'QUINN, Justice.

This is a suit for declaratory judgment, decided by the trial court in favor of the parties bringing the suit, on their motion for summary judgment.

In April, 1965, George G. MacDonald and Kerry G. Merritt acquired substantially all of three lots in Mira Loma Addition in the city of Austin. The original subdivision had been laid out and a plat recorded in 1938, showing 30 numbered lots. Twenty-seven of the lots had been sold and developed...

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