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CURB v. BENSON

No. 12693.

564 S.W.2d 432 (1978)

Dock L. CURB et al., Appellants, v. Carl F. BENSON et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied April 26, 1978.

Attorney(s) appearing for the Case

Lee Curtis, Curtis & Wade, Belton, for appellants.

Frank Roberts, Rick Morris, Piperi, Roberts & Morris, Killeen, for appellees.

SHANNON, Justice.

This appeal involves the construction of a restrictive covenant requiring, among other things, that "... all residences shall be built in place." The covenant appears in the 1968 dedication of a subdivision known as Lakeview Terrace, located in Bell County.

Appellants, Dock L. Curb and wife, Ruby Mae, and Cecil A. Massie and wife, Nina, own property in Lakeview Terrace, as do appellees, Carl F. Benson and wife, Faith. In the autumn of 1976...

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