Fleming v. Collins
Court of Chancery of Delaware
Bill to restrain waste and eor an account. The complainant was trustee under the will of Benjamin Pot: ter, deceased, of certain real estate devised to charitable uses. The bill was filed against the heirs at law and the administrators of Joshua S. Layton, deceased; alleging that he, in his life-time, had cut timber on part of the trust estate, and praying an injunction against further w'aste; also praying an account of the waste committed and payment of the amount.
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Bill to restrain waste and eor an account. The complainant was trustee under the will of Benjamin Pot: ter, deceased, of certain real estate devised to charitable uses. The bill was filed against the heirs at law and the administrators of Joshua S. Layton, deceased; alleging that he, in his life-time, had cut timber on part of the trust estate, and praying an injunction against further w'aste; also praying an account of the waste committed and payment of the amount. The defendants who answered alleged that Joshua S. Layton was in possession of the premises at the time of Potter’s death, and…
1Opinion of the Court
Harrington, Chancellor.
The verdict upon the issue concludes the question of title, and leaves nothing to be decided but whether waste, such as is the subject of equitable jurisdiction, has been committed, and the amount of it. The cutting is undisputed, and the amount and the value of the timber cut is proved. That it is the subject of equity jurisdiction there can be no doubt. For, the cutting of timber is an injury irreparable in its nature, and by whomsoever committed is remediable in equity. The remedy by injunction in such cases, has been greatly extended, and is applied even to restrain…
2Cited by7 opinions
- Roots v. Boring Junction Lumber Co.Oregon Supreme Court · 1907
- Weller v. Farmers Bank of the StateCourt of Chancery of Delaware · 1970
- Sheridan v. McMullenOregon Supreme Court · 1882
- Dill v. DillCourt of Chancery of Delaware · 1914
- Ennis v. SmithCourt of Chancery of Delaware · 1911
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