Smith v. Buchanan

Atkinson, Justice.

Mrs. S. T. Smith brought suit against Elmer Buchanan, seeking to have the defendant restrained and enjoined from building a house on a certain described lot of land. The defendant filed a. plea and answer. Issues of fact were involved, and at the hearing evidence was submitted by both sides in the form of affidavits. These affidavits were not properly made a *251part of the record for the consideration of this court. “Affidavits submitted on the hearing should be incorporated in the bill of exceptions to review a refusal of an interlocutory injunction, or be attached as exhibits…