Frost v. Mischer

POPE, Justice.

The question presented by this appeal is whether the title to land may be determined in an action which seeks only in-junctive relief. Walter M. Mischer, Southern Investors Construction Co., Inc. and Charles O. Peck, trustee, asserting ownership of lands in Harris County, brought this suit which seeks only to enjoin C. M. Frost from interfering with their possession of land they claim to own. Frost in his original answer specially excepted to the plaintiffs’ petition because it alleged an action which required the determination of fee title but contained no count in trespass to…