Lyon v. Hunt
Supreme Court of Alabama
Error to the Court of Chancery sitting in Mobile. The defendants in error, who are some ten or fifteen individuals, and four corporations or their assignees, filed their bill, setting forth that the Orange or Poplar Grove tract of land in the city of Mobile, which originally contained about two hundred and sixty-three acres, was in the spring of 1835, conveyed by its then proprietors to Thomas W. McCoy, James Magee and Calvin Norris in trust.
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Error to the Court of Chancery sitting in Mobile. The defendants in error, who are some ten or fifteen individuals, and four corporations or their assignees, filed their bill, setting forth that the Orange or Poplar Grove tract of land in the city of Mobile, which originally contained about two hundred and sixty-three acres, was in the spring of 1835, conveyed by its then proprietors to Thomas W. McCoy, James Magee and Calvin Norris in trust. These trustees entered upon the land in virtue of the deed, and became seized and possessed thereof, for the purposes therein specified. The…
1Opinion of the CourtCollier, C. J.
The interference of courts of equity in restraint of waste was originally confined to cases founded in priority of title; but at present, the jurisdiction has been enlarged to reach cases of adverse claims and rights not founded in priority; as, for instance, to cases of trespass, attended with irreparable mischief. [2 Story’s Eq. 200.] The interposition by way of injunction in cases of waste, may be referred to the broadest principles of social justice. It is exerted where the remedy at law is imperfect, or is wholly denied ; where the nature of the injury is such, that a preventive remedy…
2Cases cited10 opinions
- Williams v. Peyton's LesseeSupreme Court of the United States · 1819
- M'Clung v. RossSupreme Court of the United States · 1820
- Hamilton v. CummingsNew York Court of Chancery · 1815
- Livingston v. LivingstonNew York Court of Chancery · 1822
- Libby v. BurnhamMassachusetts Supreme Judicial Court · 1818
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Tidwell v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1916
- Burt v. CassetySupreme Court of Alabama · 1848
26 more not listed; retrieve them via the Exa API.