Hall v. Eells

The opinion of the court was delivered by

Smith, J.:

This was an action to enjoin the defendant from interfering with plaintiff’s possession and enj oyment of certain real estate. Judgment was for the plaintiff. Defendant appeals.

The pertinent facts are as follows:

On November 18, 1939, a petition was filed by plaintiff asking that the defendant be restrained from interfering with the plaintiff or anybody holding certain lands under him in their enjoyment of possession of the lands involved. December 29, 1939, the defendant filed an answer, the prayer of which was that his title to the real *308estat…