Davis v. Congregation Shearith Israel

DIXON, Chief Justice.

This is a suit for declaratory judgment instituted by appellee Congregation Shear-ith Israel against 39 defendants as class representatives under Rule 42, Texas Rules of Civil Procedure. The Congregation sought a judgment declaring that its Í1.9 acre tract of land is not burdened with deed restrictions that would prevent the erection and use of improvements for church and religious educational purposes. Following a jury trial and a judgment in favor of the Congregation, 12 of the defendants have appealed.1

*812Appellants contend that this type of action cannot properly be…