Dalton v. Johnson

McDowell, judge.

This is an action in equity wherein plaintiffs seek to enjoin and restrain defendant from destroying a fence built by plaintiffs along the east edge of an easement claimed to have been established in favor of plaintiffs as a result of the mandate of the .Supreme Court of Missouri, dated February 25, 1959. The trial court found the issues for plaintiffs and in its judgment restrained and enjoined defendant from destroying such fences and for costs. From this judgment appellant appealed.

Plaintiffs’ petition for injunction alleged, inter alia, that by virtue of a decision of the…