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MISCHER v. FROST

No. 15602.

451 S.W.2d 936 (1970)

Walter M. MISCHER et al., Appellants, v. C. M. FROST, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied March 26, 1970.

Attorney(s) appearing for the Case

Fulbright, Crooker, Freeman, Bates & Jaworski, M. W. Parse, Jr., Fred M. Lange, Houston, for appellants.

I. M. Wilford, Houston, for appellee.

PEDEN, Justice.

Suit to enjoin owner of neighboring land from cutting and removing boundary line fence. The defendant excepted to the plaintiffs' petition, alleging that it was insufficient in law in that it required the determination of the fee title to land and such determination cannot be made by a Texas court where, as here, the petition contained no count in trespass to try title to the land which was the subject of...

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