Russell, C. J.
Under the evidence in the record the trial judge did not err in refusing the injunction prayed for.
Judgment affirmed.
All the Justices concur.
The defendants filed general and special demurrers to the petition. In their answer they admit that the petitioner is in possession of the described property, but deny that she holds same as the heir or wife of Tom Elverson and that she has any claim of title thereto. For want of sufficient information they are unable either to tadmit or deny the allegations as to payment of the sums claimed to have been advanced by her. They assert that her possession is wrongful and in violation of their legal rights as heirs at law of Tom Elverson. W. C. Little admits the making of the mortgage, but denies that it is any cloud upon the title, and says that it is a bona fide and lawful encumbrance upon the property and was made and accepted in good faith. Defendants deny that an accounting is necessary, “ And for further answer, the defendants respectfully bring to the court’s attention the fact that the plaintiff herein is still in possession of the property in dispute; that she is occupying one of the houses as a dwelling-house and another as a store, for neither of which she is paying any rent; that another of the houses is being rented by her and the rents thereof being collected and applied to her account; that the plaintiff is utterly insolvent and unable to respond in damages to these defendants or to answer any judgment which might be gotten against her in this connection. And the defendants pray therefore, that, if in the judgment of your honor the plaintiff’s injunction should -be made permanent, that the court’s most gracious writ of injunction may issue against the plaintiff, restraining and enjoining her from collecting any further rents upon the house which she is renting, requiring her to pay rent upon the house in which she is living, and the building in which she operates a store, and that a receiver be appointed to collect the rents accruing from said property during the pendency of this litigation.” The trial judge considered the ease upon the record, without argument, the record consisting, as recited in the bill of exceptions, of the original petition, affidavit of ITattie Jones Elverson supporting her petition, plaintiff’s motion to strike defendants’ answer, the answer of the defendants, the general demurrer, the special demurrer and the motion to dissolve the injunction. Thereafter the judge entered his order as follows: “ Upon consideration, injunction sought in within case is denied, and restraining order revoked.” To this ruling the petitioner excepted.
Isaac & Isaac, for plaintiff. W. G. Liiile, for defendants.