Popplewell v. City of Mission

NORVELL, Justice.

The trial court awarded the City of Mission a mandatory and restraining perpetual injunction against Beulah Popplewell, which had the effect of opening an alleyway between Lots 2 and 18 of Tangerine Subdivision No. 1 of the City of Mission, Texas.

Appellant asserted in the trial court and urges the proposition here, that this suit involves a question of title which can not properly be adjudicated in an injunction suit. Assuming for the moment that a title issue is involved, the general rule supports appellant’s position. Walker v. Haley, Tex.Civ.App., 147 S.W. 360; West v.…