Simon v. Nance

KEY, Associate Justice.

This is an injunction suit seeking to have the defendant restrained from entering upon the plaintiff’s land, tearing down his fence and digging a ditch thereon, and to require the defendant to fill up a ditch already dug, or build a retaining wall to prevent the ditch from sloughing off and encroaching upon the plaintiff’s land. He also sought to recover damages on account of the ditch.

The defendant pleaded not guilty, two years’ limitation as to damages and prescription as to the ditch. He also pleaded in reconvention for damages for suing out the writ of injunction.…