Martin v. First State Bank & Trust Co.

Gunter, Justice.

These cases, an appeal and a cross appeal, come here from judgments denying motions for summary judgments made by both sides. The trial judge granted certificates for immediate review.

The appellant in No. 28033 is the appellee in No. 28040, and he will be referred to in this opinion as Mr. Martin. The appellees in No. 28033 are the appellants in No. 28040, and they will be referred to in this opinion as the trustees.

This action originated when Mr. Martin filed a complaint against the trustees seeking to enjoin the trustees from interfering with his use of a road or street…