Callaway v. Webster
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Franklin county pronounced February 8, 1897, in a suit in chancery, wherein the appellee was the complainant, and the appellant and another were the defendants.
1Opinion of the CourtCardwell, J.
It is well settled that an applicant in possession of land with a clear title, or a prima facie title, is entitled to an injunction against a trespasser, threatening irreparable injury, or often repeated trespass. But even in a case of a fair prima facie title, if it turns out from the evidence that the right of the applicant is in doubt, and the title and boundaries of the land are really in issue, such a controversy cannot be settled in equity, though the property, in an urgent case, may be protected by the injunction, until the question of right can be settled by a trial at law. Manchester…
2Cases cited4 opinions
- Miller v. WillsSupreme Court of Virginia · 1897
- Sanderlin v. BaxterSupreme Court of Virginia · 1882
- Boston Blower Co. v. Carman Lumber Co.Supreme Court of Virginia · 1896
- Manchester Cotton Mills v. Town of ManchesterSupreme Court of Virginia · 1875
3Cited by20 opinions
- Payne v. Buena Vista Extract Co.Supreme Court of Virginia · 1919
- Woolfolk v. GravesSupreme Court of Virginia · 1911
- Noell Crane Systems GmbH v. Noell Crane & Service, Inc.District Court, E.D. Virginia · 2009
- Litz v. RoweSupreme Court of Virginia · 1915
- Pardee & Curtin Lumber Co. v. OdellWest Virginia Supreme Court · 1912
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