Walsh v. Powell

Ervin, P. J.,

— Plaintiff filed a bill in equity seeking to enjoin defendants from removing topsoil from a tract of ground which he had an option to purchase. Plaintiff also sought damages for the waste done. Defendants filed an answer’ admitting all of the material averments in plaintiff’s bill but denying that the option created any interest in the land or topsoil in favor of plaintiff. Defendants also denied that the removal of the topsoil would occasion any damages but that if it did, plaintiff had an adequate remedy at law. Plaintiff filed preliminary objections to defendants’ answer.

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