Cook

The plaintiff, in his complaint, avers that on the second day of February, 1888, he was lawfully possessed of the east half of the northwest quarter of section 4, township 21 south, range 9 east, Mount Diablo meridian; that he had fencing on the same to the value of fifty dollars, which the defendants on said day maliciously destroyed, to his damage in the sum of fifty dollars; as a separate cause of action, that he has planted and sown on the same tract a crop of grain, in extent about eighty acres, of the value of five hundred dollars, which he had fenced and inclosed; that defendants cut down and destroyed his fence, and drove their stock in and upon his grain, to his great and irreparable damage; that they threaten to tear down any fence which he has or shall construct to protect said grain, and, if not restrained, will tear down and destroy his fences, and drive their stock upon his grain, and destroy the same, to his damage in the sum of five hundred dollars; that they are wholly insolvent. He therefore demands judgment for three hundred dollars damages, and that they be enjoined from cutting down or destroying his fences, or from wasting his premises.

The complaint does…