Young v. . Pittman

DEFENDANTS’ APPEAL.

Devin, J.

Tbe defendants base tbeir appeal from tbe order continuing tbe temporary restraining order to tbe bearing upon tbe ground that tbe title to tbe mineral rights claimed by plaintiff in tbe described lands was in dispute, and that tbe ancillary remedy of injunction properly would not be available until final determination of tbe issues of fact.

Ordinarily, a court of equity will not interfere by injunction to determine a disputed question of title to land, nor undertake to dispossess one party for tbe benefit of another, but rather will leave tbe controverted issues of…