Kent v. Smith

DUNAGAN, Chief Justice.

This suit was filed by T. F. Kent and V. E. Edman, individually and collectively, and as representatives of a class of property owners of Tammarack Woods, a subdivision in Houston, Harris County, Texas, against J. W. Smith.

Plaintiffs’ petition sought an injunction against the defendant, requiring him to remove a building from a lot within the said subdivision that was placed thereon allegedly in violation of the recorded subdivision restrictions.

Upon the hearing of the case on its merits, the case was submitted to the trial court upon the facts stipulated by the parties…