Acosta v. Nunez

HIGGINS, Justice.

The plaintiff instituted a jactitation action against the defendants, alleging that he was the owner and in possession of a small tract of marsh or lowland and that .the defendants were slandering his title and trespassing upon his property. He prayed for a restraining order and a rule nisi for a preliminary writ -of injunction, to prevent trespassing pendente lite. The court entered an order accordingly.

The respondents, in their answer or return to the rule, denied that the plaintiff was the owner and in possession of the property and averred ownership in Adam Nunez,…