Tate v. Vance
Supreme Court of Virginia
This was a bill in equity, filed by M. E. Tate in the circuit court of Smyth county, to enjoin and restrain Samuel Vance from cutting- the timber on land which he claimed belonged to him. Plaintiff alleged that he purchased the land in 1872 from the Mc-Creadys, who had been in peaceable possession of it for fifty years, and they sold to him, and put him in possession; and that he still holds possession.
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This was a bill in equity, filed by M. E. Tate in the circuit court of Smyth county, to enjoin and restrain Samuel Vance from cutting- the timber on land which he claimed belonged to him. Plaintiff alleged that he purchased the land in 1872 from the Mc-Creadys, who had been in peaceable possession of it for fifty years, and they sold to him, and put him in possession; and that he still holds possession. That, soon after his purchase, Samuel Vance claimed title to a part of this land, consisting of some eight or ten acres. Though plaintiff believed he had a good title to the land, and was in…
1Opinion of the CourtStaples, J.
The court is of opinion, that the award upon which complainant relied in the court below, being founded upon evidence received by the arbitrator in the absence and without the knowledge or consent of the defendant, is invalid, and furnishes no just claim to relief in a court of equity.
The court is further of opinion, that a cross-bill is not necessary to impeach said award; but the same may be done by answer. The right to an injunction is not ex debito justitias; but the application is addressed to the sound discretion of the chancellor, upon all the ^circumstances of each particular case. A…
2Cases cited198 opinions
- Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
- Clark's Executors v. Van RiemsdykSupreme Court of the United States · 1815
- Conley v. NailorSupreme Court of the United States · 1886
- Rorer Iron Co. v. TroutSupreme Court of Virginia · 1887
- Fant v. MillerSupreme Court of Virginia · 1867
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