Towns v. Muhler

HALE, Justice.

This is an action in trespass to try title. The case was submitted on documentary evidence to the court without a jury and resulted in judgment that plaintiff take nothing, from which he has appealed. Appellant’s title is deraigned from a junior lien to that upon which appellee’s claim is based. The foremost question presented on the appeal is whether the running of the statutes of limitation was tolled during the period of time while the enforcement of appellee’s senior lien was wrongfully enjoined at the instance of a claimant under the junior lien.

It was stipulated that “the…