Gray v. Malone
Supreme Court of Arkansas
Appeal from Perry Chancery Court; Jordan Sellers, Chancellor; 1. Under the allegations of the complaint the court had no jurisdiction. It should have been brought at law in the circuit court.
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Appeal from Perry Chancery Court; Jordan Sellers, Chancellor; 1. Under the allegations of the complaint the court had no jurisdiction. It should have been brought at law in the circuit court. Injunction will not lie to prevent even a trespasser from cutting timber where the complaint does not state facts sufficient to show an irreparable injury to the freehold itself and defendant’s insolvency. 67 Ark. 413; .75 Id. 286; 77 Id. 527; 81 Id. 115; 92 Id. 118. Chancery had no jurisdiction and appellant was entitled to a jury trial. Defendant was in possession, and a suit at law was necessary.…
1Opinion of the CourtWood, J.
This is an appeal from the chancery court of Periy County. The action was instituted by the appellee against the appellant.
The appellee alleges that he is the owner of certain lands in sections 13 and 18 in Perry County, Arkansas; that the appellant without right had entered upon the lands and is removing valuable timber therefrom, and unless restrained would cause damage to the appellee for which he had no adequate remedy. Appellee prayed for a temporary restraining order and upon the final hearing for perpetual injunction restraining appellant from cutting and removing timber from the lands.
2Cases cited7 opinions
- Leach v. SmithSupreme Court of Arkansas · 1917
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
- Wallace v. HillSupreme Court of Arkansas · 1918
- Pulaski County v. StateSupreme Court of Arkansas · 1883
- Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kimble v. WilleyDistrict Court, E.D. Arkansas · 1951
- Ward v. HarwoodSupreme Court of Arkansas · 1965
- McGee v. MatthewsDistrict Court, E.D. Arkansas · 1965
- State Use Arkansas County v. PollardSupreme Court of Arkansas · 1926
- Plummer v. Village of SwantonOhio Supreme Court · 1938
4 more not listed; retrieve them via the Exa API.