Lakes Island Realty Co. v. McDermott

The action is to enjoin the superintendent of buildings of Richmond borough from issuing building permits-to his co-defendant, the By-Products Company. The sole basis of the action is the claim that the plaintiff owns the property sought to be built upon by the By-Products Company, and that that company does not own it. The question how before the court is upon a motion for an injunction pending the trial of the action, granting the very relief sought by the judgment demanded in the complaint.

The plaintiff admittedly is not in possession of the property. That admittedly is in the possession…