Stewart v. Welsh

Mr. Judge Smedley,

of the Commission of Appeals, delivered the opinion for the Court.

Petitioner N. C. Stewart, the owner of two lots in Del Mar addition to the City of Corpus Christi on which he resided, sued respondent, who owned and resided on an adjoining lot and part of another lot, to compel the removal by mandatory injunction of a fence that respondent had built on the line between his property and the property of petitioner. The Court of Civil Appeals reversed the trial court’s judgment, which was for petitioner, and rendered judgment that he take nothing by his suit, holding in its…