Southern Union Mutual Insurance v. Mingledorff

Candler, Justice.

1. In. a petition lor injunction against the commission of a trespass on land, on the ground that it is continuing in character and the damages will be irreparable, it is essential for the plaintiff to allege title in himself or actual possession of the land at the time the alleged cause of action arose. Code § 105-1403; Chancey v. Johnson, 148 Ga. 87 (95 S. E. 975); Fender v. Gardner, 153 Ga. 460 (1) (112 S. E. 368); Taylor v. Keen, 10 Ga. App. 106 (72 S. E. 934). In this case there is no allegation of actual possession and the plaintiff relies upon a title which is pleaded…