Whitis v. Penry

Appellees began this suit in the district court of Dallas county for the purpose of securing a mandatory injunction removing an obstruction from a public road and a public street in the unincorporated town of Vickery. The cause was regularly tried at a regular term and the injunction granted as prayed for, from which the appellant, Whitis, has prosecuted this appeal.

A number of legal points are presented, but the appeal can be disposed of by consideration of the one which will be hereinafter discussed.

The trial was to the court without a jury, and conclusions of fact and law were filed, in…