Billings v. Concordia Heritage Ass'n

OPINION

BARAJAS, Chief Justice.

This is an appeal from a permanent injunction prohibiting descendants of notorious old west gunslinger, John Wesley Hardin, from disinterring his remains from El Paso’s historic “boothill.” We reverse and remand.

I. SUMMARY OF THE EVIDENCE

A Out in the West Texas Town of El Paso

The record in the instant case, as supported by various historical accounts, reflects that John Wesley Hardin, eoineidently a practicing attorney, relocated to the far west Texas town of El Paso upon release from prison. 1 John Wesley Hardin died with his boots on in August 1895 when he was…