Hapeville-Block Inc. v. Walker

Head, Justice.

The plaintiff in this case is clearly not seeking an injunction to restrain present acts. The actual relief sought is the performance of acts by the defendants, which it is alleged are necessary to preserve the plaintiff’s property from injury caused by excavations made by Shackleford prior to the time the defendants, Walker and Henderson, acquired title to their property.

The Code, § 55-110, provides: “An injunction may only restrain; it may not compel a party to perform an act. It may restrain until performance.” In construing this section of the Code, it has been held by this…