#### Millard F. Dunlap, appellant, v. Calvin Lawson, appellee.

Bill for injunction to restrain appellee from going upon land and *676harvesting forty acres of wheat on one tract and ten acres on a separate farm. Temporary injunction granted. Decree entered dissolving temporary injunction so far as the forty acres were concerned, but sustaining it as to the ten acres; finding that the wheat on the ten acres was one-fourth of all wheat in question and that the value thereof was less than rent due, and awarding entire possession thereof to appellant; and providing that out of the balance raised on the forty acres costs should be paid, and $400.00 rent for two years, and denying motion of appellee to assess damages upon dissolution of the injunction as to the forty acres, awarding balance to appellee. Appeal from the Circuit Court of Morgan county; the Hon. Frank W. Burton, Judge, presiding. Heard in this court at the October term, 1922.

Reversed and remanded with directions.

Opinion filed May 2, 1923.

John J. Reeve, for appellant; Hugh P. Green and Morrison Worthington, of counsel. Wm. N. Hairgrove, for appellee.

Mr. Justice Shurtleff

delivered the opinion of the court.