State Ex Rel. Albert v. Adams

MORGAN, Judge.

In this original proceeding, Louise Albert (relator) seeks prohibition to restrain the trial court from granting a default judgment against her in an injunction suit in which she (and her husband since deceased) is a defendant.

In the underlying suit, Mr. and Mrs. Martin sued relator requesting an injunction to prevent trespass across their land 1 by relator. As defendant therein, relator in her answer admitted the use of a portion of plaintiffs’ land described in their petition. Such use was based on a deed for a “private roadway” 2 to relator, from predecessors in title to the…