Catching v. Terrell
Supreme Court of Georgia
In Equity, in Greene Superior Court. Decision by Judge Johnson, September Term, 1851. David S. Terrell filed his bill in Equity, alleging that he was the owner of, and in possession of a tract of land, adjoining one of Joseph Catching’s ; that he cultivated his land, all of which was necessarily kept in tillage; that Catching, on divers days, had thrown down the fences of the complainant, thereby admitting stock, and otherwise destroying the crops of complainant; that his…
Read the full summary
In Equity, in Greene Superior Court. Decision by Judge Johnson, September Term, 1851. David S. Terrell filed his bill in Equity, alleging that he was the owner of, and in possession of a tract of land, adjoining one of Joseph Catching’s ; that he cultivated his land, all of which was necessarily kept in tillage; that Catching, on divers days, had thrown down the fences of the complainant, thereby admitting stock, and otherwise destroying the crops of complainant; that his land was at that time sowed down in wheat, upon which complainant depended for a support; that the remedy at Law was too…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The bill contains a charge of trespass by entering repeatedly upon the lands of the plaintiff, and throwing down his fences, so that stock of all kinds had access to the fields, and destroyed the growing crops thereon ; that that portion of the plantation which is more immediately exposed, is sown down in wheat, for the purpose of raising food for the support of plaintiff’s family, and the loss of which, it is alleged, would subject the plaintiff to great inconvenience and irreparable injury.
[1.] Is this such a trespass as a Court of Equity ought…
2Cited by2 opinions
- Kimple v. SchaferSupreme Court of Iowa · 1913
- Mechanics' Foundry v. RyallCalifornia Supreme Court · 1882