BILLINGTON v. RIFFE

No. 8346.

492 S.W.2d 343 (1973)

Ida BILLINGTON, Individually and as Independent Executrix of the Estate of J. D. Billington, Deceased, et al., Appellants, v. Donald K. RIFFE et al., Appellees.

Court of Civil Appeals of Texas, Amarillo.

March 19, 1973.


Attorney(s) appearing for the Case

Gibson, Ochsner, Adkins, Harlan & Hankins, Sterling E. Kinney, Amarillo, for appellants.

Sheehan, Dubuque & Dyess, William A. Dyess, Stratford, for appellees.


JOY, Justice.

The plaintiffs filed this suit seeking the construction of certain language in a partition deed. Defendants answered, claiming that the deed created a restrictive covenant running with the land and prayed for an injunction to prevent the drilling and operation of an irrigation well on the west half (W½) of Section 271. The trial court, sitting without a jury, held that the partition deed created no restrictive covenant running with the land and...

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