Bigbee v. Summerour

The plaintiff in error, alleging that he was the owner of lot of land number 49 in a certain district in Lumpkin county, brought a petition for injunction against the defendants, alleging their insolvency, the purpose of the injunction being to restrain them from the commission of a trespass by mining for gold upon said tract of land. A temporary restraining order was granted. Before the date set for the hearing upon the temporary restraining order, the plaintiff presented an ancillary petition, in which he alleged that, notwithstanding the grant of such temporary restraining order, the…