Humble Oil & Refining Co. v. Sun Oil Co.

PER CURIAM!.

Suing for the title and possession of the leasehold estate in and under described •tracts of land and to remove cloud therefrom, and alleging in the complaint the need to go upon lands of defendants to make a survey, appellee, plaintiff below, alleged that a mere order pursuant to Rule 34 would not accomplish the desired purpose, and prayed for a preliminary injunction restraining defendants from interfering with plaintiff’s making such survey.

The injunction granted, defendants have appealed. As grounds for reversal they put forward two grounds. One of these is that Rule 34,1…