Stoakes v. Barrett & Co.

Murray, C. J, concurred.

This is an appeal from an order granting an injunction in aid of an action of trespass. The declaration upon which the injunction was granted sets out in effect, that the lands are public lands, and that the *39plaintiff claims his right of possession under the Act of April, 1852» “ prescribing the mode of maintaining and defending possessory actions on public lands in this State.” The first section of this Act gives the right of action to any one settled upon public lauds for the purpose of cultivating or grazing; but it provides, “ that if the lands so occupied and…