H.H. HOLLOWAY TR. v. OUTPOST EST. CIV. CLUB

No. 01-02-00184-CV.

135 S.W.3d 751 (2004)

H.H. HOLLOWAY TRUST, Appellant, v. OUTPOST ESTATES CIVIC CLUB INCORPORATED, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled May 6, 2004.


Attorney(s) appearing for the Case

Clayton C. Cannon, Stumpf Falgout Craddock Massey, Peter M. Kelly, Hogan & Hogan, L.L.P., Houston, TX, for Appellant.

John Bradley Mitchell, Stephanie L. Quade, Marc D. Markel, Roberts, Markel, & Guerry, P.C., Houston, TX, for Appellee.

Panel consists of Justices TAFT, NUCHIA, and KEYES.


OPINION

SAM NUCHIA Justice.

This is an appeal of a judgment declaring that the deed restrictions for Outpost Estates Section One apply to Lots 52 and 53 of that subdivision. We affirm.

BACKGROUND

On April 10, 1951, L.D. and Ada Chachere conveyed a 43-acre tract of land fronting on Clay Road in Harris County to M.F. James, J.A. Hamilton, and W.E. Little (the developers). The warranty deed provided for payment in installments, and the Chacheres...

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