Kelley v. Hudson

RAMEY, Justice.

This is an appeal from a temporary injunction prohibiting appellants from using property, restricted to single family dwellings, for commercial purposes in violation of a restrictive covenant. An overview of the facts is presented for an understanding of this case.

A plat of a 13.997 acre tract in Carthage, Texas, referred to as “Daniels Estates,” was completed on behalf of real estate developer, Lovell E. Kelley (“Kelley”), on May 9, 1977. On the same day he deeded this entire acreage to Lovell E. Kelley, Inc. (“Corporation”), of which Kelley is president and his wife Sarah is…