National Bank v. River Forest State Bank

Mr. PRESIDING JUSTICE ENGLISH

delivered the opinion of the court:

This interlocutory appeal is taken from an order granting a temporary mandatory injunction to plaintiff-lessee requiring removal of a fence and enjoining defendants-lessors from interfering with the use and enjoyment of certain demised premises consisting of vacant land.

Plaintiff, National Bank of Austin, was trustee-lessee of the premises owned by defendant-trustee-lessor, River Forest State Bank. Beneficiaries of the River Forest trust were Gregory and Esther Frezados, defendants, who subsequently also acquired a one-fourth…