Pardue v. James

Collard, Judge.

Plaintiff sues by injunction to restrain the execution of a -writ of restitution issued from the County Court upon a judgment rendered in a proceeding of forcible detainer against him and J. D. Pardue, upon the ground that 49 acres of the land claimed by him is not embraced in the description of the land as given in the judgment or the writ. Defendants pleaded and the court admitted evidence to show that the description contained in the judgment was not controlled by the call for distance on the south line of the. survey.

Plaintiff based his right to the injunction upon the one…