Flannery v. Kelly

Opinion of the Court by

Morris, Commissioner—

Affirming.

In petition filed by Kelly against appellants he alleged ownership of a described tract of land, and charged that appellants were committing acts of trespass by building a fence which he claims cut off his use of a certain roadway and claiming to be the owners of the particular portion of his land. He asked for damages, perpetual injunction and a quieting of title.

Appellants did not dispute Kelly’s title, bu-t in answer denied that they had committed any acts of trespass. On submission the -chancellor granted injunctive relief without…