McDaniel v. Callan
Supreme Court of Alabama
Appeal from Cherokee Chancery Court. Heard before Hon. N. S. Graiiam. The bill in this cause was filed on 5th December, 1878, by A. J. Callan and P. A. Callan against Fleming McDaniel, to restrain the defendant, who was in the possession of certain lands, as the lessee of one Milly Smith, from the commission of waste, and from a violation of the covenants of the lease, which was executed on 9th April, 1878, and is made an exhibit to the bill.
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Appeal from Cherokee Chancery Court. Heard before Hon. N. S. Graiiam. The bill in this cause was filed on 5th December, 1878, by A. J. Callan and P. A. Callan against Fleming McDaniel, to restrain the defendant, who was in the possession of certain lands, as the lessee of one Milly Smith, from the commission of waste, and from a violation of the covenants of the lease, which was executed on 9th April, 1878, and is made an exhibit to the bill. The complainants claim by purchase from the lessor, made on 14th November, 1878, she executing to them a bond for- title. By amendment the said Smith…
1Opinion of the CourtBriokell, C. J.
The bill is filed by assignees of the reversion to restrain the lessee in possession from the commission of waste, and from a violation of the covenants of the lease. The preventive jurisdiction of a court of equity, through the aid of an injunction, is freely exercised to protect the reversion against waste by the tenant in possession, whether the waste may consist in an actual abuse of, or injury to the premises, or in their misuse, or in their conversion to uses prohibited by, or repugnant to the terms of the lease. — 1 High on Injunctions, § 434; Parkman v. Aicardi, 34 Ala. 393. The court…
2Cases cited5 opinions
- Callan v. McDanielSupreme Court of Alabama · 1882
- Branch Bank at Mobile v. StrotherSupreme Court of Alabama · 1848
- Parkman's Adm'r v. Aicardi & ToolSupreme Court of Alabama · 1859
- Mooney v. WalterSupreme Court of Alabama · 1881
- Wakeman v. HazletonNew York Court of Chancery · 1848
3Cited by12 opinions
- Greil Bros. v. MabsonSupreme Court of Alabama · 1912
- Haralson v. WhitcombSupreme Court of Alabama · 1917
- City of Birmingham v. GrahamSupreme Court of Alabama · 1918
- Emens v. StephensSupreme Court of Alabama · 1937
- Standard Oil Co. v. SlyeCalifornia Supreme Court · 1913
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