Miller v. Durrill

Eor convenience! we refer to the parties as they appeared below; plaintiff in error as defendant and defendant in error as plaintiff.

This is an action wherein the plaintiff, receiver of land incumbered by mortgage, asked that the defendants, representatives of the State Highway Department, and then-agents, employees and workmen, be restrained and enjoined from entering upon and appropriating any of such land until the same is condemned as by law provided, or a fall- agreement respecting the matter is arrived at.

The facts are as follows: David A. Crooks and Flossy Crooks owned 40 acres of land…