Rohrer v. Babcock

Britt, C.

The court below denied defendant’s motion—heard on the plaintiff’s complaint alone—to dissolve a preliminary injunction restraining defendant, during the pendency of the action, from “ removing or molesting” certain fifty tons of hay, which same was grown and stacked, it seems, on land forming part of the estate of plaintiff’s testator, and the question is whether sufficient facts are stated in the complaint to justify the issuance of the writ. It is there alleged, among other matters, that plaintiff, as executrix, is the-owner of the hay, and that defendant, without right, has…