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Click here for the full text of this decision FACTS:Gary O. Gardner, Beulah Darlene Gardner and Hollister Gardner contend the trial court erred in granting summary judgment for Larry Pickard Stewart, sheriff of Swisher County, and the Honorable Ed Self, acting as Swisher County Judge, denying injunctive relief, and ordering they take nothing against Stewart and Self. By two instruments dated Sept. 16, 1975, and April 25, 1977, the Gardners executed deeds of trust covering two tracts of land in Swisher County to secure payment of their indebtedness to USDA-FmHA. Upon the Gardners’ default, and after posting written notice of default and private sale, the substitute trustee executed two deeds covering the real estate described in the deeds of trust to Saddlehorn Investments Inc., its successors and assigns, forever. Then, upon hearing the application of Saddlehorn Investments Inc. for forcible entry and detainer, by order signed July 17, 2002, the Justice Court Precinct 1 of Swisher County ordered that Saddlehorn Investments Inc. was entitled to possession of the two tracts of land covered by the deeds of the substitute trustee. Upon the Gardners’ appeal to Swisher County Court, District Judge Ed Self, acting as County Judge by assignment, signed an order Oct. 3, 2002, that Saddlehorn Investments Inc. have possession of the property. HOLDING:Dismissed for want of jurisdiction. The Gardners did not bring suit against Saddlehorn Investments Inc. seeking cancellation of the substitute trustee’s deeds and an injunction ancillary to the determination of title as was discussed in Ogden v. Coleman, 660 S.W.2d 578 (Tex.App. Corpus Christi 1983, no writ). Instead, proceeding pro se, without joining Saddlehorn Investments Inc. as a party, and seeking to cancel the deeds, the Gardners filed suit in the 64th District Court of Swisher County naming Stewart and Self as defendants. The Gardners describe their action as a collateral attack on the Oct. 3, 2002, judgment of the Swisher County Court seeking to quash that judgment as of no effect and seeking that Saddlehorn Investments Inc., although not named as a party, be enjoined from trespassing on the real estate or interfering with their farming operations. They also sought a claim for damages. After considering the motions for summary judgment of Stewart and Self, the court rendered judgment denying all relief sought by the Gardners. An application for an injunction to stay proceedings in a suit or execution on a judgment must be tried in the court in which the suit is pending or the judgment was rendered. This requirement is jurisdictional and does not relate merely to venue. Because the Gardners seek to challenge execution of the judgment of the County Court of Swisher County, the District Court of Swisher County did not have jurisdiction to consider the action and this court has no jurisdiction of the purported appeal. OPINION:Reavis, J.; Quinn, CJ, Reavis and Hancock, JJ.

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