Driver v. New
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas IT. Smith. Bill by Charley New against J. B. Driver and another, to enjoin a trespass to land. Decree for complainant and respondents appeal. Complainant had an adequate remedy at law and the demurrers to the bill should have been sustained.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas IT. Smith. Bill by Charley New against J. B. Driver and another, to enjoin a trespass to land. Decree for complainant and respondents appeal. Complainant had an adequate remedy at law and the demurrers to the bill should have been sustained. The remedy by injunction cannot be substituted for ejection or unlawful detainer, and in such law actions all damages may he recovered for. — Cooper v. Watson, 73 Ala. 252; Beatty v. Brown, 76 Ala. 267; Kellar v. Bulling ton, 101 Ala. 270; Bolling v. Crook, 104 Ala. 138. The chancellor properly…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by the appellee to enjoin the committing of trespasses on land, which said trespasses are alleged to be of such a continuous nature as to justify the interposition of a court of equity. It is settled that this proceeding cannot take the place of an action of ejectment, thus invoking the jurisdiction and powers of a court of chancery to decide in which party the title to land resides. The court, however, exercises its powers temporarily, enjoining the commission of the trespasses for a reasonable time, in order to enable one party or the other to bring suit in a…
2Cases cited3 opinions
- Ashurst v. McKenzieSupreme Court of Alabama · 1890
- Keller v. BullingtonSupreme Court of Alabama · 1893
- Hamilton v. Brent Lumber Co.Supreme Court of Alabama · 1899
3Cited by10 opinions
- Irwin v. ShoemakerSupreme Court of Alabama · 1920
- Mobile County v. KnappSupreme Court of Alabama · 1917
- Thompson v. JohnsonSupreme Court of Alabama · 1918
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Ex Parte FinleySupreme Court of Alabama · 1944
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