Smith v. Bowers

In Smith v. Bowers, 463 S.W.2d 222 (Tex. Civ. App.--Waco 1970, no writ), Robert Smith sued Sarah Bowers seeking an injunction to enforce a deed restriction against the use of mobile homes. In response, Bowers argued that she was not subject to that deed restriction because her deed did not contain any restrictions, and she took her property without any knowledge of the restriction. Id. at 223. After a bench trial, the trial court found that the restriction was contained in Bowers's chain of title, because Bowers bought the property from the Mitchells, and the earlier deed conveying the property to the Mitchells was made subject to the restriction against the use of mobile homes. Id. Nevertheless, due to a perceived defect relating to the recording of the restriction, the trial court concluded that Bowers did not have actual or constructive notice of the restriction, and denied Smith's request for an injunction. Id. at 224. On appeal, our sister court reversed the trial court's judgment, explaining that "recordation or non-recordation" was "not material to the issue of constructive notice" because the restriction was specifically referred to in the Mitchells' deed, which was in Bowers's chain of title. Id. at 225.