Legal Opinion

Murphy v. Lincoln

Supreme Court of Vermont

Decided January 15, 1891PublishedCited by 10 opinions

Bill in chancery to enjoin the defendants from commission of certain trespasses upon the lands of the orator. Heard upon bill, answer and master’s report, at the September term, 1891. Taft, chancellor, dismissed the bill p>ro forma. The orator appeals. The opinion states the case. The acts of the defendant constituted a nuisance which a court of equity will enjoin.

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Bill in chancery to enjoin the defendants from commission of certain trespasses upon the lands of the orator. Heard upon bill, answer and master’s report, at the September term, 1891. Taft, chancellor, dismissed the bill p>ro forma. The orator appeals. The opinion states the case. The acts of the defendant constituted a nuisance which a court of equity will enjoin. Wood Niii. 812. A court of equity will enjoin the repetition of a trespass, although it might not a single trespass. 3 Pom. Eq. Jur. §1357 ; Carpenter v. Gwynn, 35 Barb. 395 ; De Yeney v. Galligher„ 20 N. J. Eq. 33; 3 Pom. Eq. Jur.…

1Opinion of the Court

The opinion of the court was delivered by

THOMPSON, J.

The defendants contend that this case is not within the jurisdiction of a Court of Equity, for the reason that the orator has an adequate remedy at law. The bill charges the committing of several continuous trespasses by defendants by drawing wood and logs from their land across the pasture and *280meadow land of the orator, and that the defendants threaten to continue to commit these trespasses.

The defendants in their answer either’ expressly, or tacitly by their failure to deny them, admit the truth of .these allegations. They also claim a…

2Cases cited4 opinions

  1. Goodall v. GodfreySupreme Court of Vermont · 1880
  2. Tracy v. AthertonSupreme Court of Vermont · 1862
  3. Holt v. DanielsSupreme Court of Vermont · 1888
  4. Wiswell v. MinogueSupreme Court of Vermont · 1885

3Cited by10 opinions

  1. Chapman v. DeanOregon Supreme Court · 1911
  2. Deerfield Lumber Co. v. LymanSupreme Court of Vermont · 1915
  3. Doty v. Village of JohnsonSupreme Court of Vermont · 1910
  4. Kasuba v. GravesSupreme Court of Vermont · 1937
  5. Kennedy v. RobinsonSupreme Court of Vermont · 1932

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