In Dass, Inc. v. Smith, 206 S.W.3d 197, 201 (Tex. App.--Dallas 2006, no pet.) the Dallas Court of Appeals upheld the district court's temporary injunction of a forcible detainer action because the action required the resolution of a title dispute.
There was undisputed evidence that Falcon Transit had leased real property from Dass for several years, but the parties disputed the nature of the relationship thereafter. Id. at 199.
The terms of the lease provided that the tenancy would continue month-to-month at the expiration of the lease, but Falcon Transit's owner claimed that he purchased the property from Dass and introduced into evidence a document purportedly signed by the parties establishing a sale of the property. Id.
Dass's representative testified that he did not sign the sales agreement and that his signature was a forgery. Id.
Because the parties disputed the existence of a landlord-tenant relationship and a fact finder would need to resolve whether the purported sales agreement passing title was forged, the determination of the right to immediate possession necessarily required resolution of a title dispute. See id. at 201.
The justice court lacked jurisdiction. See id.