Burnley v. Cook
Texas Supreme Court
Appeal from Harris. Action by the appellants against the appellees, to restrain the defendants from laying off and building a town, &c., at Powder-Horn, on the land of the plaintiffs.
Read the full summary
Appeal from Harris. Action by the appellants against the appellees, to restrain the defendants from laying off and building a town, &c., at Powder-Horn, on the land of the plaintiffs. The irreparable injury alleged was, in this, that plaintiffs had been at great expense in one way and another in laying off, &c., a town at La Salle, which they alleged to be the best point on Matagorda Bay for a city; “ that owing to the embarrassed “ circumstances of your petitioners, especially of the said “ Jones,—to the fact also, that unless he can obtain pecuniary “ aid upon the prospective value of the…
1Opinion of the CourtWheeler, J.
The proposition that an injunction will in no case be granted for the prevention of injuries to the plaintiff’s freehold or the enjoyment of his rights of property, where the defendant is in possession under an adverse claim of title, as insisted by counsel for the appellee, does not seem to be universally admitted. On the contrary, where the defendant was in possession of land, which he claimed by an adverse title, and a suit was pending to try th'e title at law, an injunction was granted to restrain him from cutting timber and committing other waste. (Shubrick v. Guerard, 2 Desau. 616.)
*589It…
2Cited by20 opinions
- State v. SnyderTexas Supreme Court · 1886
- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Cook v. BurnleyTexas Supreme Court · 1876
- Harris v. ThomasCourt of Appeals of Texas · 1920
- Bishop v. BaisleyOregon Supreme Court · 1895
15 more not listed; retrieve them via the Exa API.