Johnston v. Wright

McClendon, chief justice.

Appeal from a judgment perpetually enjoining appellant and others from executing a writ of restitution under a judgment of the county court in favor of defendant, upon appeal from the justice court in an action of forcible detainer in which the plaintiff had obtained possession of the property by giving bond under R. S. art. 3978, the defendant having failed to give the bond therein required which would entitle him to retain the possession.

The controlling facts, which are without dispute, follow:

Walker claiming the right of possession to the property (90 acres of land…