C. C. Isely Lumber Co. v. Kitch

The opinion of the court was delivered by

Marshall, J.:

The action is one to restrain the defendants from plowing, cultivating, tearing up, destroying, or pasturing a crop of growing wheat on certain lands in Gray county. A temporary restraining order was issued, and after a hearing on a motion to dissolve the temporary restraining order, the court made findings of fact, on which it was ordered—

“That the defendant J. C. Kitch be and he is hereby enjoined pending final trial hereof from plowing up, cultivating, pasturing, tearing up, destroying or interfering with the plaintiff’s ownership and…