INTER-CITY PROPERTIES, INC. v. GIBBS

No. 1728.

560 S.W.2d 503 (1977)

INTER-CITY PROPERTIES, INC., Appellant, v. Dr. R. H. GIBBS et al., Appellees.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied January 18, 1978.


Attorney(s) appearing for the Case

Kenneth C. Kaye, League City, for appellant.

Douglas H. Chilton, Mabry, Herbeck & Chilton—Texas City, for appellees.


COULSON, Justice.

This is an appeal from a judgment ordering the partition of real property. Since we conclude that the parties contractually waived their rights to partition, we reverse and render.

In 1954 three physicians, R. H. Gibbs, G. D. Ford and Dan H. Eames, purchased property in Galveston County as co-tenants. Shortly thereafter, in 1955, they entered into a written agreement which, among other things, restricted the use and occupancy of that land...

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