Wilson v. Meyer
Supreme Court of Alabama
Appeal from Shelby Chancery Court. Heard before the Hon. R. B. Kelly. ■ The bill in this case was filed by the appellant against appellees to enjoin a threatened trespass upon land. It appears from the bill that complainant or his predecessors in title recovered the land in ejectment from the. respondents or those in privity with them, and also obtained a decree in equity quieting the title.
Read the full summary
Appeal from Shelby Chancery Court. Heard before the Hon. R. B. Kelly. ■ The bill in this case was filed by the appellant against appellees to enjoin a threatened trespass upon land. It appears from the bill that complainant or his predecessors in title recovered the land in ejectment from the. respondents or those in privity with them, and also obtained a decree in equity quieting the title. Paragraph 5 of the bill alleged that respondents had posted np notices on the lime kiln on the property in controversy warning complainant and others from entering upon the property; that they had…
1Opinion of the CourtAnderson, J.
While it is an elementary rqle that in order for a complainant to invoke the aid of a court of equity, it must appear that he has no plain and adequate remedy at law, there are some instances where the remedy at law cannot give adequate redress, and when such a condition exists the injured or threatened party can seek the protection of a court of equity. — Cen. Digest, Equity Vol. 19, §§ 151, 154. But a complaining party cannot use a court of equity for the sole purpose of avoiding an action at law which would afford adequate redress, simply because it is more expedient or com enient for him…
2Cases cited4 opinions
- Lyon v. HuntSupreme Court of Alabama · 1847
- Burnett v. CraigSupreme Court of Alabama · 1857
- Wadsworth v. GoreeSupreme Court of Alabama · 1892
- Brooks v. Diaz & Co.Supreme Court of Alabama · 1860
3Cited by5 opinions
- H. H. Hitt Lumber Co. v. Cullman Property Co.Supreme Court of Alabama · 1914
- Rice v. DavidsonSupreme Court of Alabama · 1921
- Central Iron & Coal Co. v. VandenheukSupreme Court of Alabama · 1906
- Woodstock Operating Corporation v. QuinnSupreme Court of Alabama · 1918
- Rice v. DavidsonSupreme Court of Alabama · 1921