Tokas v. J. J. Arnold Co.

Riley, President:

This is an appeal from the decree of the Circuit Court of Brooke County making permanent an interlocutory decree of injunction. The interlocutory order restrained the J. J. Arnold Company, Inc., a corporation, and others, defendants below and appellants herein, from entering the property of Joseph Tokas, and others, plaintiffs below, from doing any and all acts which may be considered preparation for or actual engagement in the mining operation commonly known as “strip mining.”

Plaintiffs acquired title to said land from J. J. Arnold Company by two deeds, dated June 26, 1925,…