delivered the opinion of the court.

This case was submitted and considered with MacGinnis v. Denver Land Company, 90 Colo. 72, 6 P. (2d) 919, and the opinion therein is decisive of and controlling-in this case, and necessitates a reversal herein.

The judgment is reversed, and the cause remanded with instruction to the district court to vacate its injunctive order herein, and dismiss the action at the cost of Mary A. Hudson, defendant in error herein.