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MOORE v. SMITH

No. B-891.

443 S.W.2d 552 (1969)

Weaver MOORE et al., Petitioners, v. Lloyd H. SMITH et al., Respondents.

Supreme Court of Texas.

Rehearing Denied July 30, 1969.

Attorney(s) appearing for the Case

Williams, Lee & Lee, James W. Lee and Jesse J. Lee, Cleaves & Cleaves, Wilbur S. Cleaves, Butler, Binion, Rice, Cook & Knapp, Jack Binion, William C. Perry and Claude C. Roberts, Houston, John W. Stayton, Austin, for petitioners.

Hutcheson, Taliaferro & Grundy, Thad Hutcheson, John D. Roady, and Thomas N. Crowell, Houston, for respondents.

CALVERT, Chief Justice.

The respondents, as plaintiffs, sought a trial court judgment declaring that certain building and use restrictions imposed by a written instrument on lots in "Shadyside", an exclusive residential subdivision of the City of Houston, were of permanent or indefinite duration, and, alternatively, for other relief, the nature of which is unimportant to our decision. Petitioners, as defendants, sought...

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