Garner v. Chicago, R. I. & G. Ry. Co.

This is a suit in trespass to try title instituted by the appellants, C. R. Garner, C. T. Ware, and R. C. Ware, against the appellee, the Chicago, Rock Island & Gulf Railway Company, to recover certain lots and blocks of land situated in Potter county, Tex., and occupied by appellee as a part of its right of-way.

In addition to the formal plea of trespass to try title, under which appellants seek to recover the title and possession of the land involved, they plead facts which they allege entitle them, upon the final hearing, to a mandatory writ of injunction directing and requiring appellee to…