Bond v. Texas & P. Ry. Co.

HIGGINS, Justice.

Mrs. Elva Nash Bond, as owner, and N. L. Pierce, as lessee, of certain real property, brought thjs action against the defendants, the Texas & Pacific Railway Company and Hessmer Gin Company, Limited, to secure an injunction for the purpose of restraining the railway company from leasing to the Hessmer Gin Company, Limited, a portion of its right of way which runs through the plam tation of Mrs. Bond, and also to enjoin the defendants from constructing and operating a gin thereon for private purposes.

The defenses, as set forth in the defendants’ answers, are as follows:(1)That…