Ory v. Tate

Almand, Justice.

Mrs. Edna F. Tate, as owner and landlord of certain described premises, brought her petition to enjoin Hayward A. Ory, as tenant, from removing from the leased premises brick, metal roofing, and other materials, on the ground that such acts by the defendant constituted waste. On the hearing of an application for an interlocutory injunction, after hearing evidence the court granted the injunction. The case is here to review this order.

The essential facts shown by the evidence introduced on the hearing were undisputed. They are: F. C. Tate, as executor of the will of P. M. Tate,…