Graybiel v. Burke

This is an appeal from an order granting an injunction pendente lite restraining appellants (defendants below) from committing waste upon or cutting or removing timber or logs from certain real property located on the slopes of Mt. Shasta, and further restraining them from selling or sawing logs already removed and from selling lumber already produced therefrom.

The record shows that William Wallace Stewart acquired the real property here in controversy by a patent from the United States Government in 1890. Four years later, in 1894, Stewart married Annie Boomer; there is no showing that he…