Root v. Hester

COLLINGS, Justice.

Henry Hester and wife brought suit against Chester G. Root for an injunction and for damages for the alleged tearing down and destruction of a portion of the yard fence enclosing their house and lot. Chester Root answered and filed a cross-action against the Hesters, also naming the City of Mineral Wells as a cross-defendant. Root alleged ownership of lot 1, block 3 of the Slaughter and Barber North Addition to the City of Mineral Wells for which he sought judgment in trespass to try title. Root’s cross-action was based upon the theory that the Hesters’ house and lot and the…