Bagley v. Higginbotham

STEPHENSON, Justice.

This is an appeal from an order of the trial court denying a mandatory injunction. In a former suit, appellant recovered a judgment against appellee for the title and possession of a strip of land upon which a house was situated. While that case was on appeal, appellee moved the house from the land. The judgment was affirmed by the Court of Civil Appeals, 346 S.W.2d 142 and writ of error denied by the Supreme Court. The appellant then filed this suit as a separate action, to compel appellee to move the house back upon the land and deliver possession to appellant. This…