Mallory v. Johnstone

The opinion of the court was delivered by

Porter, J.:

Plaintiff obtained a temporary injunction restraining defendants from harvesting a crop of voluntary wheat grown upon a strip of land approximately fifteen feet wide and a half mile long, which she claimed to own. In the same action she asked for damages for the unlawful interference with her possession of the land during the previous crop season.

A demurrer to plaintiff’s evidence was overruled and defendants offered their evidence. After argument by counsel, the cause was taken under advisement until the next day, when the judge announced…