Musick v. Hollingsworth
| Decision Date | 12 December 1963 |
| Docket Number | No. 14151,14151 |
| Citation | 373 S.W.2d 503 |
| Parties | Levoy MUSICK, Appellant, v. Arch HOLLINGSWORTH, Trustee, et al., Appellees. |
| Court | Texas Court of Appeals |
C. C. Divine, Houston, for appellant.
Bracewell, Reynolds & Patterson; Robert I. Peeples, Houston, for appellees.
This is an appeal by Levoy Musick from a temporary injunction decreed by the trial court ancillary to pending Cause No. 594,300 brought by Arch Hollingsworth, Trustee, et al., against J. B. Lucas et al., in trespass-to-try title and to remove clouds upon the title to certain lands in Harris County, Texas, including a tract of 618.7 acres in the William White Survey, Abstract 829, and a tract known as the G. A. Parker 100 Acre Tract in said survey. The said Levoy Musick is the only defendant who has appealed.
It is sufficient to say that the evidence shows that appellees are in possession of some or all of the property involved in this suit; that appellant has been trying to obtain possession thereof by virtue of certain writs of possession and restitution issued in connection with other suits; that some eleven suits have been filed involving the subject matter of this suit or related subject matters, and that about five of such suits are still pending; that the litagation between the parties hereto has become quite complicated involving disputed questions of fact and law; and that the attempts by appellant herein to obtain possession of the property in question either by virtue of said writs of by resort to force might result in bodily injury to some one or more of the parties connected with or affected by the litigation, as well as property damage. The trial court, in granting the injunction, stated that the testimony demanded it, and that he thought that somebody would get hurt if the did not grant the temporary injunction.
The injunction, among other things, enjoins appellant, pending final hearing and determination of Cause No. 594,300, from going on or about the premises in question or attempting to gain possession of the premises known as the G. A. Parker 100 Acre Tract, from attempting to take possession of such premises or ousting those living thereupon by force or under any process of law, and from attempting to gain possession by force or otherwise of any of the property which is the subject matter of the present suit.
Appellant's first two Points of Error, which are briefed together, assert that plaintiffs' petition in trespass-to-try title is insufficient to confer upon the court jurisdiction of the parties, and does not state a cause of action in any of the plaintiffs which would permit recovery in the capacity in which they sue. These points are overruled.
Subsequent to the granting of the temporary injunction in question, this Court had occasion to hear a contempt proceeding growing out of a violation thereof after the appeal from said temporary injunction had been perfected in this Court. In holding appellant in contempt of the temporary injunction, this Court stated in its order: 'The said 133rd District Court had jurisdiction over the cause in which said judgment of injunction was...
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Western Hills Theaters, Inc. v. Motion Picture Mach. Operators Local Union No. 330
...constituted an abuse of its discretion and therefore have no relation to the permitted scope of review by this Court. Musick v. Hollingsworth, 373 S.W.2d 503 (Houston Civ.App., 1963, no writ hist.); and Metropolitan Construction Co. v. White, 438 S.W.2d 433 (Forth Worth Civ.App., 1969, no w......
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Covington v. Ziesenheim, 17416
...261 S.W.2d 549 (1953); Evans v. Young County Lumber Company, 368 S.W.2d 783 (Fort Worth Civ.App., 1963, no writ hist.); and Musick v. Hollingsworth, 373 S.W.2d 503 (Houston Civ.App., 1963, no writ The judgment of the court is accordingly affirmed in part and reversed in part. The cause is r......