Ainsworth to the appellee he *756 knew that the same was purchased from him by the appellee to be used for a forge shop and that appellee did in 1934 establish a forge shop on the property so purchased from C. 5 and 6 of said Block 27 of the Van Wormer Addition to the City of Beaumont, and that prior to and at the time of the conveyance of said lots by C. Ainsworth, who was the father, husband, testator, trustee and brother-in-law of the parties named defendant, Lots Nos. That prior to the addition of the forging shop in 1934 it purchased from C. Since 1934 it has operated on a portion of the described premises a heavy forge shop and said operations have been on a 24-hour basis continuously Railroad Company and on the south by Crockett Street and the Santa Fe Railway Company that it began operations of a machine shop nonferrous foundry and pattern shop in 1920 on a portion of the above land and in 1934 added a forge shop.

The Oil City Brass Works, the appellee, alleged in its petition that it operates a machine shop, non-ferrous foundry and heavy forge shop, on Lots 1 through 6, inclusive, and the North ½ of Lot 7, Lots 8 through 12, inclusive, all in Block 27 of the Van Wormer Addition to the City of Beaumont in Jefferson County, Texas that said machine shop and foundry and heavy forge shop are situated in the industrial section of the City of Beaumont, being bounded on the north by the T.

Ainsworth, et al., bring this appeal from a judgment of the District Court of Jefferson County in favor of appellee, Oil City Brass Works, in a suit brought by such appellee against them under the declaratory judgment statute, Article 2524-1, Vernon's Texas Civil Statutes Annotated. *755 Keith, Mehaffey & McNicholas, Beaumont, for appellants. 4985.Ĭourt of Civil Appeals of Texas, Beaumont.

Instal City of Brass