Barton v. Tharp

At the time this controversy arose and prior thereto, the appellee, Tharp, was the owner of a farm situated in Rains county occupied by Barton and wife as tenants during the year 1929. Some time prior to December 31 of that year, Tharp notified Barton to vacate the premises. Barton declined to comply with the demand; and on the 1st day of January, 1930, Tharp filed this suit, seeking to recover possession of the premises by a mandatory writ of injunction. Omitting the formal parts and the description of the land, the application for the injunction is as follows:

"4. That during the summer of…