Thompson v. Henry

This action was brought by appellant to enjoin appellee from removing gravel from the real estate described in the complaint. The court made a special finding of the facts, and stated conclusions of law thereon in favor of appellee, and rendered judgment accordingly. The conclusions of law are challenged by the assignment of errors.

The special findings, so far as necessary to the determination of this case, are substantially as follows: Jesse Hendricks died intestate in 1873, and left, surviving him, his widow (a second and childless wife) and children by his former wife. Afterwards, in 1874,…