FROST v. MISCHER

No. B-2124.

463 S.W.2d 166 (1971)

C. M. FROST, Petitioner, v. Walter M. MISCHER et al., Respondents.

Supreme Court of Texas.

Rehearing Denied February 24, 1971.


Attorney(s) appearing for the Case

I. M. Wilford, Houston, for petitioner.

Fulbright, Crooker, Freeman, Bates & Jaworski, Fred M. Lange, William H. Young and M. W. Parse, Jr., Houston, for respondents.


POPE, Justice.

The question presented by this appeal is whether the title to land may be determined in an action which seeks only injunctive relief. Walter M. Mischer, Southern Investors Construction Co., Inc. and Charles O. Peck, trustee, asserting ownership of lands in Harris County, brought this suit which seeks only to enjoin C. M. Frost from interfering with their possession of land they claim to own. Frost in his original answer specially excepted to the plaintiffs...

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