State, Department of Roads v. Merritt Bros. Sand & Gravel Co.

Murphy, District Judge.

This is an action in which plaintiff seeks to enjoin defendants from using a certain tract of land described in the pleadings by metes and bounds (hereinafter referred to as the tract of land) for any- purposes inconsistent with or in excess of their easement rights therein, to enjoin the defendants from interfering with plaintiff in taking a survey of the tract of land, and for a determination that plaintiff has- a right to construct a fence upon the boundary so found but in such a manner as not to interfere with defendants’ easement. Defendants, in their answer and…