Moehlman v. City of Bryan

McDONALD, Chief Justice.

This is an action by C. B. Moehlman and wife against The City of Bryan arising out of the attempt on the part of the City of Bryan to take possession of a strip of land containing .85 of an acre out of the homestead of plaintiffs, to be appropriated and used for street purposes under the rights of eminent domain conferred by Title 52, R.C.S. of Texas, Vernon’s Ann.Civ.St. Plaintiffs obtained the issuance of a temporary injunction, alleging that the proceedings in the County Court were void; also their petition alleged trespass to try title and prayed for a permanent…