City of River Oaks v. Moore

RENFRO, Justice.

Appellees William S. Moóre and wife sued the City of River Oaks, a municipal corporation. Appellees and the city own adjoining lots in Inspiration Point Addition to said city. All the lots in the Addition were subject to a building restriction that the lots could be used only for one family residential purposes. Appellant acquired its lot from another than the appellees and erected thereon two water towers to be used in connection with its waterworks facilities.

Appellees, in their third amended original petition, plead the restriction; that they and their predecessors in title…