Hall v. Henninger
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Hugh Brennan, Judge. This is a suit to enjoin defendant’s ward from interfering with the possession of certain real estate and the alleged right of plaintiff’s tenant to occupy and use said premises under a lease. There was a hearing on motion to dissolve a preliminary injunction, which was overruled, and a trial on the merits in which a permanent injunction was granted. The defendant appeals. —
1DissentWeaver, J.
(dissenting). — ’The facts stated in the petition and established without substantial controversy by the testimony show beyond all doubt that plaintiff is legally entitled to the possession of the land, and that defendant is not entitled to it. It is further disclosed that defendant lias interfered on several occasions and threatens continued interference to prevent the plaintiff’s enjoyment of such possession. This state of facts makes a case which entitles the plaintiff to a remedy of some kind at the hands of the court. If he invokes the aid of equity when his proper remedy is at law, or…
2Cases cited11 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Wheelock v. . NoonanNew York Court of Appeals · 1888
- Boston & Maine Railroad v. SullivanMassachusetts Supreme Judicial Court · 1900
- Irwin v. LewisMississippi Supreme Court · 1874
- Byers v. RodabaughSupreme Court of Iowa · 1864
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