maintain the statutory action for forcible entry and detainer, and procure a writ of possession thereunder."
The contractor allegedly performed the work provided for in the contract, as is evidenced by the appellees' signatures on a Completion Certificate for Property Improvement Loan. Appellees, however, refused to make payments under the terms of the note. Instead, appellees brought suit against appellant in the district court of Harris County on the contract.
Under the foreclosure provisions set out in the deed of trust, the appellant foreclosed on the note and held a substitute trustee's sale at which the appellant purchased the property. As a result of the sale and appellees' continued occupation of the house, the appellant brought a forcible entry and detainer suit in the justice court of Wharton County toremove the appellees from the premises. After judgment was entered in appellant's favor, a trial de novo *913 was had in the county court of Wharton County in which appellant was granted a writ of restitution in order to obtain immediate possession of the premises. Appellees then brought this suit in the district court of Wharton County to enjoin the execution of the writ until a final disposition of the suit in Harris County was made. This appeal of that temporary injunction followed.
Tex.Rev.Civ.Stat.Ann. art. 3973 (1966) provides that any person who ". . . shall wilfully and without force hold over any lands, tenements, or other real property after the termination of the time for which such lands, tenements or other real property were let to him .