Davis v. Davis

Gaines, Associate Justice.

Appellee brought this suit to restrain appellant from turning his cattle into appellee’s inclosed pasture, and obtained a preliminary injunction which was made perpetual upon final hearing. A demurrer to the petition was overruled, and this action of the court is assigned as error.

The plaintiff, in addition to other averments, alleged that he was the owner of a pasture containing some seven thousand acres, which was inclosed on three sides by a fence made of posts and barbed wire, and on the fourth by the Brazos river, which was there not fordable by cattle; that in…