Davis v. Caluda

BOUTALL, Judge.

This matter comes to us on appeal from the denial of a preliminary injunction. While the matter was pending on appeal there was filed a motion to dismiss appeal for failure to substitute indispensable parties, which, because of the basis thereof, will be discussed after discussion on the merits.

Mrs. Ella Bissell Davis, plaintiff-appellant, filed a petition for an injunction to restrain trespass to certain land, of which she alleges the real, actual, open and notorious possession. Suit is brought against Michael Caluda and Kenneth Caluda, who own the lots adjoining a portion of…