White v. Sparks

YOUNG, Justice.

This is an appeal from a judgment of the trial court denying to plaintiff a mandatory injunction after hearing, such allegations and prayer for the relief sought being ancillary to a statutory suit in trespass to try title; plaintiff and defendant being negroes.

As grounds for his suit and mandatory plea, plaintiff alleged the real estate and premises in question had been, prior to the death of his wife, Lela G. White, on September 8, 1937, their community homestead, having been owned and occupied by them for many years. There were no children born to the marriage,- but the…