Dill v. Dill
Court of Chancery of Delaware
Bill to Restrain the Cutting of Timber. The bill alleged that on or about March 1, 1890 Andrew Dill died seized of a certain tract of land situate in South Murderkill Hundred, Kent County, a portion of which lies north of a stream known as White Marsh branch, adjoining lands of Mary Ellen Dill, Annie E. Dill and John Wesley Dill. The greater part of the land north of White Marsh branch is woodland and branch-land, and the balance of it was at one time cultivated.
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Bill to Restrain the Cutting of Timber. The bill alleged that on or about March 1, 1890 Andrew Dill died seized of a certain tract of land situate in South Murderkill Hundred, Kent County, a portion of which lies north of a stream known as White Marsh branch, adjoining lands of Mary Ellen Dill, Annie E. Dill and John Wesley Dill. The greater part of the land north of White Marsh branch is woodland and branch-land, and the balance of it was at one time cultivated. By his will Andrew Dill left all of the real estate owned by him at the time of his death to his wife, Mary Ann Dill, one of the…
1Opinion of the Court
The Chancellor.
The only relief sought by the complainants is a permanent injunction perpetually enjoining the defendants from cutting timber. (This, of course, is not literally true, because one of the defendants is a co-tenant of the same title with the complainants, and any decree for an injunction, temporary or permanent, should not be made applicable to that particular defendant.) The title of the complainants is disputed by the defendants. Unless the complainants have a good title they are not entitled to have the defendants perpetually enjoined from cutting the timber.
There is no doubt…
2Cases cited5 opinions
- Equitable Guarantee & Trust Co. v. DonahoeCourt of Chancery of Delaware · 1899
- Fleming v. CollinsCourt of Chancery of Delaware · 1859
- Hughlett v. HarrisCourt of Chancery of Delaware · 1830
- Sparks v. President of the Farmers' BankCourt of Chancery of Delaware · 1868
- Wilds v. LaytonCourt of Chancery of Delaware · 1822
3Cited by4 opinions
- State ex rel. Armour & Co. v. Gulf Sulphur Corp.Supreme Court of Delaware · 1967
- Cohen v. Mayor and Council of WilmingtonCourt of Chancery of Delaware · 1953
- Harry Cohen & Commercial Trust Co. v. MayorCourt of Chancery of Delaware · 1953
- Michael Hamby v. Richard L. Sapp Farms, LLCCourt of Chancery of Delaware · 2021