Clark v. Kinney

G. W. Clark, as the head of a family, sought to enjoin J. J. and H. C. Kinney from trespassing on certain land alleged to belong to petitioner under and by virtue of a “statutory or short homestead” under the Civil Code (1910), § 3416. The peti■tion alleges that the acts of trespass are continuing and are irrep*865arable. There was no demurrer to the petition; but the defendants answered, claiming the land under a security deed from G-. W. Clark. The court granted a rule nisi and a temporary restraining order, and on the date set for a hearing both parties introduced evidence. At the conclusion…