Lackner v. Bybee

GRAVES, Justice.

Originally this was a suit in trespass to try title, and for injunction to prevent ap-pellees from drilling an oil well on land found by the trial court to be their own— that is, Lot No. 342, of the Subdivision— adjoining streets in Shady Acres Subdivision in Harris County, under which appellants claim the title to the minerals. Injunction was denied on February 12, 1940, in the trial court, and the judgment was affirmed by this Court on July 25, 1940, by opinion shown in 144 S.W.2d 378.

By first amended petition filed April 12, 1940, -appellants reasserted their title suit…