Chandler v. DarwinChandler v. Darwin
Lead Opinion
This suit was commenced by Darwin and numerous other Lot owners (some also residents) of Reavilon No. 4, and Addition to the City of Greenville, Texas, against the Trustees of the Reavilon Church of Christ, seeking immediate restraint and on final trial a permanent injunction prohibiting the erection of a building to be used as a church on Lot 16, Block 3 of said Addition, of which said defendants were owners. After due hearing, issuance of temporary injunction was ordered by District Judge Berry as prayed, conditioned upon bond of $500 “pending final hearing and determination of this cause *' * *.” Defendants thereafter perfected this appeal, in brief and through various points charging insufficiency in law of the covenants and restrictions as pled and in evidence.
These restrictions, placed in evidence over objection of appellants, were contained in an instrument of date March 16, 1948, of record in Book 4^8, p. 479, Deed Records of Hunt County, the first paragraph reading: “That Esma Reavis, individually and
The deed of appellant Trustees to their Lot did not embody aforesaid restrictions, simply making reference to Plat of the Addition; though W. C. Weaver, church pastor, admitted to knowledge thereof before the property was bought.
. Aside from points complaining of above erroneous admissions of evidence, appellants claim error: (1) “In not holding said alleged restrictions invalid due to an inadequate description of the real property to which said alleged restrictions were to apply.” (3) “In holding said alleged restrictions enforceable against a church and/or against a dwelling to be used as a church for the reasons that said restrictions are vague, indefinite, ambiguous, do not restrict the use of the real property, and no general building plan or scheme is established.” (5) “In issuing a temporary injunction, as there was no basis therefor, in that the uncontradicted evidence was that damages could be ascertained, no irreparable injury was shown, and the granting of such temporary injunction gave appellees all the relief they were seeking on final hearing.” (6) “Building restriction against a church in the State of Texas is contrary to public policy and thus is invalid under the laws of this State.” It will be noted that in the main, the points advanced go to the merits of this controversy, and relevant thereto aré the following well established rules: (1) On all appeals from interlocutory orders granting or refusing a writ “the sole question is whether the trial court abused its discretion in entering the order appealed from”; 24 T.J., p. 313. (2) No abuse is shown if petitioner alleges a cause of action which the evidence adduced tends to support; Southwestern Greyhound Lines v. Railroad Commission,
Application of these familiar principles to the facts at hand sufficiently establishes the right of petitioners to the in-junctive order in question. Appellants’ claim of errors in admission of evidence was harmless in each instance because (a) they have admitted to a knowledge of the restrictions prior to acquisition of the property and (b) the words “See Deed Record”, endorsed on exhibit C (the Plat) even if mistakenly admitted, would not conceivably have changed the result of this, a nonjury trial. We must reserve a discussion of the remaining points to an appeal following trial to the merits. The judgment under review is accordingly affirmed.
Lead Opinion
On Rehearing.
Appellants insist that we make disposition of their points 1, 3, 5, and 6 at this juncture on ground that same involve questions of law; and cite Southland Life Ins. Co. v. Egan,
The church trustees first assert invalidity of the detailed restrictions; charging inadequacy of description of lands to which said covenants were to apply; in other words, not described by metes and bounds, lot or block numbers, or “references to any maps, plats or prior deeds, or other instruments capable of identifying the land or any data or information as to where the same may be located.” As already seen, map of Reavilon Addition and dedication thereof as appear in Hunt County Deed Records were introduced in evidence; the latter reciting that more particular description of the land involved is shown in Commissioners Court order of March 16, 1948. These recorded instruments were sufficient as constructive notice of location of the property purchased; appellants admitting to actual notice of the restrictions placed upon its use. Furthermore, Reavilon No. 4, “an Addition to the City of Greenville,” was a part of certain lands annexed to that municipality on July 1, 1952 by Ordinance No. 95, the entire area (two tracts) being described by metes and bounds. We do not have here an action in trespass to try title or for specific performance to which appellants’ citation of authorities would more properly apply. It is well settled that a purchaser is bound by restrictive covenants attaching to property of which he has actual or constructive notice; Couch v. Southern Methodist University, Tex.Civ.App.,
Point 3 charges unenforceability of these restrictions “against a church and/or against a dwelling to be used as a church for the reasons that said restrictions are vague, indefinite, ambiguous, do not restrict the use of the real property, and no general building plan or scheme is established.” In our opinion, the instrument of restrictions conclusively demonstrates the contrary of such contention; and, as asserted by appellees, said covenants clearly and without ambiguity prohibit the employment of the property for anything except a residential use. Paragraph 1 thereof requires that all lots in said tract shall be “residential lots” with limitations on nature of “dwellings” to be erected; paragraph 5 requiring that "Each residence as erected on any lot in said Addition shall have a minimum of 700 sq. ft. exclusive of all porches, garage,
While we recognize the doctrine that covenants restricting the free use of property are not favored, yet it is equally well established “ ‘that where such restrictions are confined to a lawful purpose and are within reasonable bounds, and the language employed in expressing them is clear, such covenants will be enforced.’ ” Walker v. Dorris, Tex.Civ.App.,
Appellants’ remaining points may be resolved briefly: (a) The restrictions in question obviously demonstrate a building scheme or plan uniformly applicable to all houses erected in Reavilon Addition No. 4 for residential use. Uniformity of restrictions imposed upon lots is one of the strongest proofs of a general plan of construction. Curlee v. Walker,
Upon careful review of all points advanced to the merits of this appeal, same are overruled and judgment accordingly rendered making final the subsistent injunction of appellees.
Affirmed.