Myers

The plaintiff brought this action to ■ obtain an injunction restraining the defendants from laying out, opening, or constructing a public road, or any road, over, across, or upon a certain described tract of land situate in Santa Cruz County, or from opening, breaking, or tearing down the inclosure about the said tract of land, or in any manner entering thereon for the purpose of making such road.

The court below granted the relief prayed for, and the defendants appeal from the judgment, and from an order denying them a new trial.

It is alleged in the complaint that on the eighteenth day of August, 1873, an action for the partition of the rancho San Andreas was pending in the district court in and for the county of Santa Cruz, wherein Edward Briody was plaintiff, and Titus Hale, Francis Larkin, and others were defendants; that on the day named a judgment was duly given, made, and entered in the action by ■which the tract of land described in the complaint in this action was allotted and set apart to the said Larkin in severalty; that under and by virtue of this judgment Larkin entered upon the premises so set apart to him, *3 claiming and having the title thereto, and…