Fitzsimmons v. Gilmore

This is a suit in equity to enjoin defendants from removing certain water and sewer pipes, which, in 1906, had been installed by plaintiff’s predecessors in title in and across the church grounds of defendants, and which, in 1936, under the authority and direction of such defendants, had been in part removed and in part destroyed.-

Plaintiff, by her pleadings, asks for a complete restoration of the status quo as existing prior to this interruption and for recompense for injuries suffered thereby. Defendants joined issue by general denial, and,, in addition, pleaded affirmatively certain facts,…