Sloan v. Kohler

D. C. and J. R. Sloan appeal from a judgment of the dis trict court of Cimarron county in favor of Julius Kohler for damages.

Kohler entered upon land belonging to Sloan under a claim of right, and began work with men and teams to repair and restore a drainage and irrigation ditch. Sloan, contending this right had lapsed by nonuse, filed an action to enjoin the work, and procured a restraining order upon giving a bond conditioned:

“* * * That the plaintiff shall pay to the said defendant, or to the party injured, any damages he may sustain, including reasonable attorney’s fees, by reason of the…