Gause v. . Perkins
Supreme Court of North Carolina
Appeal from the Court of Equity of Brunswick county, Judge Dicic presiding. The plaintiff in his bill alleged that lie was the owner in fee simple of the land in question, and that for several years past he has been in possession of a part of it by building, fencing, and «cultivating such part continually up to tbe date of bis bill; that the most of the land is fit for the production of turpentine, staves and timber, and for but little else; that the defendant, in 1852, by…
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Appeal from the Court of Equity of Brunswick county, Judge Dicic presiding. The plaintiff in his bill alleged that lie was the owner in fee simple of the land in question, and that for several years past he has been in possession of a part of it by building, fencing, and «cultivating such part continually up to tbe date of bis bill; that the most of the land is fit for the production of turpentine, staves and timber, and for but little else; that the defendant, in 1852, by his agents and servants, against the will of the plaintiff, entered npou the premises and boxed tbe pine trees for…
1Opinion of the CourtPeaesoN, J.
The general rule is, Equity does not extend its jurisdiction either to offences against the public, or to civil trespasses. In reference to the former no exception has ever been made ; but in reference to the latter an exception has been allowed after much hesitation, and jurisdiction assumed for the prevention of torts or injuries to property, by means of the writ of injunction, under certain restrictions, namely, two conditions must concur in order to give jurisdiction — the plaintiff’s title must be admitted, or be established by a legal adjudication, and the threatened injury must be of…
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