Thomas v. James
Supreme Court of Alabama
[BILL IN EQUITY FOB INJUNCTION OF TBESPASS ON LANDS.] Appeal from the Chancery Court at Claiborne. ■Heard before the Hon. Wade Eexes. The bill in this case was filed by Mrs. Bmeline E. Thomas, the wife of Nathan II. Thomas, who sued by her next friend, against Robert I). James, said Nathan II. Thomas, and others; and sought to restrain the defendant James from cutting steamboat-wood on- certain lands which the complainant claimed as part of her separate estate.
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[BILL IN EQUITY FOB INJUNCTION OF TBESPASS ON LANDS.] Appeal from the Chancery Court at Claiborne. ■Heard before the Hon. Wade Eexes. The bill in this case was filed by Mrs. Bmeline E. Thomas, the wife of Nathan II. Thomas, who sued by her next friend, against Robert I). James, said Nathan II. Thomas, and others; and sought to restrain the defendant James from cutting steamboat-wood on- certain lands which the complainant claimed as part of her separate estate. The material facts of the case are these: On the 3d Peb’y, 1853, one W. J. R. Thomas, who was the brother of Nathan H. Thomas, being…
1Opinion of the CourtRice, C. J.
An injunction will not lie, to prevent the commission or repetition of a trespass, in entering and cutting down timber, on land of which the plaintiff is in possession as owner, and has adequate remedy at law for the trespass; there appearing nothingin the case so special or peculiar as to call for that particular relief. But, even where there is a legal remedy for the intrusion, some peculiar circumstance or circumstances may exist, which demand, or, at least, authorize, the interposition of the conservative remedy of injunction. — 2 Story’s Eq. Jur. §§ 928, 929; Burnett v. Craig, at January…
2Cases cited6 opinions
- Riddle v. BrownSupreme Court of Alabama · 1852
- Roper v. RoperSupreme Court of Alabama · 1856
- New York Printing & Dying Establishment v. FitchNew York Court of Chancery · 1830
- Gerald v. McKenzieSupreme Court of Alabama · 1855
- Crabb's Administrator v. ThomasSupreme Court of Alabama · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Nininger v. NorwoodSupreme Court of Alabama · 1882
- Camp v. Dixon, Mitchell & Co.Supreme Court of Georgia · 1901
- Carney v. HadleySupreme Court of Florida · 1893
- Wadsworth v. GoreeSupreme Court of Alabama · 1892
2 more not listed; retrieve them via the Exa API.