J. C. Bruce Et Ux. v. Mrs. Minnie Foster Moore

This is an appeal from an order granting a temporary injunction restraining appellants Bruce and wife and the Allied Fence Company from building a fence. Appellee Mrs. Moore and appellants Bruce and wife are adjoining property owners. Parties will hereafter be referred to as in the trial court. Plaintiff Mrs. Moore filed suit against defendants Bruce and wife and the Allied Fence Company, alleging that defendants Bruce and wife own property adjoining property of plaintiff, and that there is a tract of land approximately 4 feet wide lying between the residences of plaintiff and defendants, the title to which is in dispute. Plaintiff alleged that the 4 feet in dispute is included within her deed and that in addition she has been in possession of it for 13 years and has claimed it adversely to all persons during that period. Plaintiff further alleged that the defendants were about to erect a fence enclosing the 4 feet in dispute, and prayed for a temporary restraining order restraining defendants from building the fence, and upon hearing, for a temporary injunction restraining defendants from building the fence. Plaintiffs petition contains no count for trespass to try title, nor is any final adjudication of the title to the 4 feet area in dispute sought in the case at bar.