STATE v. MERRILL

No. 5334.

329 S.W.2d 460 (1959)

STATE of Texas, Appellant, v. Willie MERRILL, a feme sole, and Tom Gray, Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied December 9, 1959.


Attorney(s) appearing for the Case

Morgan Nesbitt, James H. Roger, Asst. Attys. Gen., Will Wilson, Atty. Gen., for appellant.

Wm. H. Earney, H. O. Metcalfe, Marfa, William L. Kerr, Turpin, Kerr & Smith, Midland, for appellees.


ABBOTT, Justice.

This suit was brought by the State of Texas on behalf of the Texas State Parks Board, praying for an injunction permanently to restrain defendants from padlocking gates leading into a portion of the State Park in the Davis Mountains, located in Jeff Davis County. From a judgment denying such restraining order the State of Texas has perfected this appeal.

The facts leading up to the suit are: By warranty deed, the predecessors in title to defendants...

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