Creanor v. Nelson

This is an appeal from an order dissolving an injunction. The complaint alleges that the defendant had entered upon the plaintiff’s land, torn down the fences, and threatened to continue these acts. The County Judge granted an injunction upon the com*466plaint alone. The defendant filed an answer justifying the alleged trespass, on the ground that the land in question was a public highway ; that he was Road Overseer, and that he entered'on the land as such Road Overseer, to open the highway—but did not aver that the money had been paid to the plaintiff as a compensation for the land taken. Upon…