Foscue v. Mitchell

O’NIELL, Chief Justice.

This is a possessory action, in which the plaintiffs are asking for a preliminary injunction to prevent the defendants from drilling an oil well on the land, of which the possession is in dispute. The land has an area of 7.35 acres, and is the northern portion of a tract containing 160 acres, of which the plaintiffs claim possession as owners. The suit partakes of an action for slander of title. The plaintiffs aver that the defendants are trespassers on the 7.35 acres of land. Hence the plaintiffs asked for and obtained a rule on the defendants to show cause why a…