Mitchell v. Armstrong Capital Corp.

OPINION

MIRABAL, Justice.

This is an appeal from a judgment in a forcible detainer action. Because there was an unresolved title dispute, involving the same parties and same property, pending in the District Court at the time of this forcible detainer action, we hold that jurisdiction over this action was defeated. Accordingly, we reverse and render.

The following facts are uncontroverted. On November 7, 1986, appellant, Daisy Mae Mitchell, executed a “Builder’s and Mechanic’s Lien Contract” covering her property at 7015 Castleview, Missouri City, Texas, to secure payment of a $34,378.80…