McMurtry v. Smith

On June 16, 1937, plaintiffs recorded in the office of the register of deeds of Midland county the plat of McMurtry’s subdivision, containing 57 lots which they owned. After conveying 10 lots by deeds, of which 5 specified certain use restrictions and 5 did not, plaintiffs executed and, on April 5, 1938, recorded a so-called supplement to the plat, in which plaintiffs were described as owners of the 57 lots and by which certain use restrictions were sought to be imposed upon the entire subdivision. Included was a restriction forbidding sale of beer or other intoxicating liquors.

On June 2,…