DocketNumber： No. 6082. [fn*]
Citation Numbers： 207 S.W. 971, 1918 Tex. App. LEXIS 1281
Judges： Jenkins
Filed Date： 11/13/1918
Status： Precedential
Modified Date： 11/14/2024
Appellant instituted suit in the district court of Coryell county, in trespass to try title to a strip of land 40 feet wide, running through a tract of about 940 acres, alleged to be owned by him.
The gist of appellant’s complaint is that Coryell county and Bosque county undertook to lay out a public road across his said tract of land, a portion of which lies in Coryell and a portion in Bosque county; that such proceedings were null and void, notwithstanding which said, counties, claiming said strip to be a public road, forcibly entered upon the same and are using it for that purpose; that appellant, in order to protect his farm and pasture lands from depredation,. has been compelled to build a fence on each side of said strip for the entire length thereof.
The pretended condemnation proceedings are alleged to have begun in 1914, and it appears from plaintiff’s petition that the strip of land now is, and for some years has been, used as a public road, and that appellant has protected his'land from depredation of stock by building the fences above referred to.
The district court of Coryell county will meet in January, and it does not appear that appellant in the meantime will suffer any injury beyond that which' he is now suffering and has suffered for several years. We presume that it was for this reason that the district judge refused to grant the temporary injunction prayed for. In fact, we do not see what benefit will accrue to appellant from granting him a temporary injunction. It is not Coryell or Bosque county that is using his land, but the public. What appellant is seeking by his suit of trespass to try title is to have the alleged condemnation proceedings declared void, in which event he can close the road across his land. That is the issue which he is seeking to have this court try in this injunction proceedings. It will be time enough for us to pass on this issue when it is brought here on appeal from a judgment of the district court.
Believing, as we do, that the district judge did not abuse his discretion in refusing the temporary injunction prayed for, and that appellant has suffered no substantial injury by such refusal, the action of the district judge in refusing such temporary injunction is sustained.
Affirmed.
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