Duncan v. Sims

ARNOLD, Justice.

Plaintiffs leased certain land to defendant and after the defendant had taken possession of the leased premises plaintiffs enjoined the defendant from interfering with the watering of certain livestpck. Defendant has appealed from this judgment.

A motion to dismiss has been filed for the reason that the possession of the premises had been surrendered and the question involved is moot. The court called for response to the motion to dismiss and in the response'filed it is admitted that the possession of defendant under the lease has ended. The motion to dismiss must be sustained.…