Painter v. MacDonald

O’QUINN, Justice.

This is a suit for declaratory judgment, decided by the trial court in favor of the parties bringing the suit, on their motion for summary judgment.

In April, 1965, George G. MacDonald and Kerry G. Merritt acquired substantially all of three lots in Mira Loma Addition in the city of Austin. The original subdivision had been laid out and a plat recorded in 1938, showing 30 numbered lots. Twenty-seven of the lots had been sold and developed by the various purchasers between 1938 and 1965.

MacDonald and Merritt undertook to subdivide the lots they had acquired and establish a plat…