Key v. Stringer

Candler, Justice.

(After stating the foregoing facts.) We think that the court properly overruled the demurrer for the following reasons: (1) The allegations of the petition, as we view them, are sufficient to show not only a trespass on the plaintiff’s land, but a continuing one, and this being true, the case comes within the rule that equity will, by injunction, repress a continuing trespass. Gainesville Midland R. Co. v. Tyner, 204 Ga. 535 (50 S. E. 2d, 108), et cit. (2) It is affirmatively alleged in the petition that the plaintiff owns and is in the possession of a described tract of…