Northcutt v. Waren

DAVIS, Justice.,

Plaintiff-appellees, Calloway Waren and Lois Brown, joined by her husband Leroy Brown, filed suit against appellant-defendants, Opal Northcutt and husband, Charlie Northcutt, for a right of way across a tract of land. In their pleadings, appellees alleged a right of way by proscription, and in their prayer they asked for an injunction, and in the alternative, for $500 damages.

On a hearing on their application for temporary injunction, the temporary injunction was granted. Appellants have perfected their appeal and bring forward three points of error. In their points 1 and 2,…