McKenzie v. Ballard

The appellant McKenzie was plaintiff below. He brought suit in the district court against the appellee, *427Ballard, as defendant, alleging in his complaint that defendant unlawfully, without the consent, and contrary to the command, of plaintiff, was engaged in digging and cutting a ditch through plaintiff’s land without condemnation proceedings, and without having obtained the right of way therefor. The prayer of the complaint was that defendant might be enjoined from the construction of the ditch. A temporary injunction was granted.

The defendant answered, admitting the plaintiff’s possession…