Duff v. Hagins

Opinion of the Court by

Judge Lassing

Affirming.

Plaintiff sued in equity to enjoin defendant from trespassing upon a described tract of land lying on the waters of Quicksand Creek in Breathitt County, and to recover $50.00 damages for trespasses theretofore committed. The statutory requirements as to bond, etc., having been complied with, a restraining order was issued by the Circuit Court Clerk.

In due time defendant answered, and specifically denied that plaintiff was the owner of the land described in his petition, except a certain part thereof, and denied •that he had cut, or was threatening…