Lewis v. Hoerster

On Motion for Rehearing.

We have carefully considered appellants’ amended petition, contained in the supplemental transcript, and again come to the conclusion that appellee attempted by the, equitable remedy of injunction to do that which should have been attempted by an action at law in the form of a trespass to try title suit.

Appellee does not allege that he was ever in possession of the land and premises sued for, but, on the contrary, alleges that appellants are in possession, that they are asserting title to the land. Appellants’ answer shows that a homestead right is asserted to a part…