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ROBERTS v. YANCEY

165 S.E.2d 399 (1969)

209 Va. 537

Howard N. ROBERTS et al. v. C. C. YANCEY.

Supreme Court of Appeals of Virginia.

January 20, 1969.

Attorney(s) appearing for the Case

James W. Blanks, Clarksville (Thomas J. Russell, Clarksville, on brief), for plaintiffs in error.

Frank M. Slayton, South Boston, Jesse R. Overstreet, Jr., Clarksville (Easley, Vaughan & Slayton, South Boston, on brief), for defendant in error.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, I'ANSON, CARRICO, GORDON and HARRISON, JJ.

CARRICO, Justice.

C. C. Yancey, the plaintiff, filed a motion for judgment against Howard N. Roberts and J. E. Roberts, the defendants, seeking to recover damages for injuries allegedly caused by the defendants to premises located in Clarksville, Virginia, and leased by the plaintiff to the defendants. Then, in the same proceeding, the plaintiff filed a petition for an injunction praying that the defendants be restrained from removing "permanent improvements, fixtures...

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