Cement Gravel Co. v. Wylly, Wilson & Black
Supreme Court of Georgia
Petition for injunction. Before Judge Callaway. Richmond county. May 11, 1898. On December 16, 1897, the plaintiffs brought suit in the court of common pleas of x^iken county, South Carolina, against Wylly, Wilson & Black, to enjoin them from mining and removing sand and gravel from certain land in that county, during the continuance of a lease under which the plaintiffs claimed to own the same, and to recover damages for interference with the plaintiffs’ rights in the…
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Petition for injunction. Before Judge Callaway. Richmond county. May 11, 1898. On December 16, 1897, the plaintiffs brought suit in the court of common pleas of x^iken county, South Carolina, against Wylly, Wilson & Black, to enjoin them from mining and removing sand and gravel from certain land in that county, during the continuance of a lease under which the plaintiffs claimed to own the same, and to recover damages for interference with the plaintiffs’ rights in the premises. The court issued a rule requiring the defendants to show cause why an interlocutory injunction should not be…
1Opinion of the CourtCobb, J.
The present controversy involves the right to take gravel and sand from a lot of land situated in the State of South Carolina. One party claimed to be the owner of a lease under which that right was acquired; the other party claimed to be the ■owner of the lot, and that the lease under which the first party claimed had expired. The person claiming to be. the owner of the lease applied to the court of common pleas in South Caro*207lina, for an injunction to restrain the parties claiming to be the ■owners of the land from mining and removing sand and gravel therefrom during the continuance of the…
2Cited by1 opinion
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