Ethan's Glen Community Ass'n v. Kearney

OPINION

EVANS, Chief Justice.

This is an appeal from the denial of a mandatory injunction in a title suit.

The plaintiff, Ethan’s Glen Community Association, Trustee, as successor to Texas Commerce Bank National Association, Trustee, sued the defendants, James J. Kearney and Robert Baradel, to establish title and right of possession, and also to obtain injunctive and other relief, with respect to certain land which is designated part of the “common area” in the Ethan’s Glen townhouse subdivision. Specially pleading its claims, the plaintiff alleged that the defendants, owners of adjacent lots in…