Legal Opinion

Mitchell v. Burnett

Court of Appeals of Texas

Decided October 16, 1909PublishedCited by 16 opinions

Appeal from the District Court of King County. Tried below before Hon. Jo A. P. Dickson.

1Opinion of the Court

DUNKLIN, Associate Justice.

This is an appeal by J. J. Mitchell from an order of the judge of the District Court of King County granting a temporary writ of injunction in favor of S. B. Burnett, plaintiff in the suit, restraining J. J. Mitchell, the defendant, from enclosing certain lands which plaintiff alleged he owned in fee simple, and also from removing timber therefrom. The suit was for trespass to try title in the usual form for five sections of land, and plaintiff further alleged in his petition that defendant was removing timber from about three hundred acres off the eastern portion…

2Cases cited2 opinions

  1. Sumner v. CrawfordTexas Supreme Court · 1897
  2. Fort Worth & Denver City Railway Co. v. DayCourt of Appeals of Texas · 1908

3Cited by16 opinions

  1. Birchfield v. BourlandCourt of Appeals of Texas · 1916
  2. Southern Surety Co. v. ButlerCourt of Appeals of Texas · 1922
  3. Hill v. BrownCourt of Appeals of Texas · 1920
  4. Republic Ins. v. O'Donnell Motor Co.Court of Appeals of Texas · 1926
  5. West Texas Utilities Co. v. Farmers' State Bank in MerkelCourt of Appeals of Texas · 1934

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