Yellow Pine Export Co. v. Sutherland-Innis Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellee against the appellant on July 7th, 1904. In the bill it was averred that up to and including June 20th, 1904, and. for a long time prior thereto, the complainant was in possession -of a certain boom in a navigable stream.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellee against the appellant on July 7th, 1904. In the bill it was averred that up to and including June 20th, 1904, and. for a long time prior thereto, the complainant was in possession -of a certain boom in a navigable stream. That said boom was used by complainants as a place for storing, floating and handling logs and timber, and had been SO' used up to June 20th,' 1904, under and virtue of a lease; that upon the expiration of said lease the cbm-plain ants surrendered…
1Opinion of the CourtAnderson, J.
Tliis^ appeal is prosecuted from a decree of the chancellor refusing to dissolve the injunction.
It is an elementary and fundamental rule that before a complainant is entitled to relief in a court of equity, he must have no plain and adequate remedy at law.— Code 1896, § 638; Inglis v. Freeman, 137 Ala. 298; 16 Am. & Eng. Ency. Law, (2nd ed.) p. 352; Adams or any other work on Equity.
The bill in this casei avers ownership in complainant of four or five hundred logs, in a certain boom in the possession of and under the control of the appellee, and that said logs are detained by it, in that it…
2Cases cited2 opinions
- Janney v. BuellSupreme Court of Alabama · 1876
- Inglis v. FreemanSupreme Court of Alabama · 1902
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