Lloyd v. . Heath
Supreme Court of North Carolina
This was an appeal from an interlocutory order of the Court of Equity of Martin county, at Fall Term, 1852, made in the cause by his Honor Judge Settle, dissolving the injunction which had been granted therein. The plaintiff owns a large tract of land in “ Quitsney poco-sin,” and valuable only for the timber.
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This was an appeal from an interlocutory order of the Court of Equity of Martin county, at Fall Term, 1852, made in the cause by his Honor Judge Settle, dissolving the injunction which had been granted therein. The plaintiff owns a large tract of land in “ Quitsney poco-sin,” and valuable only for the timber. He alleges that the defendants have trespassed on his land, and have cut thereon a large quantity of valuable timber ; that he has instituted an action at law for the trespass, which is still pending; that the defendants have now on hand 200,000 shingles got off his land ; that they are…
1Opinion of the Court
Pearson, J.,
after stating the case as above set forth, proceeded : — His Honor dissolved the injunction, we suppose, on the ground that the ..plaintiff’s “ equity was denied” by the averment that the “ defendants had not cut a tree, or got any timber on the plaintiff’s landand that, in regard to the allegation of insolvency, the answer was full, because, if the plaintiff had sus* tained no damage, it was a matter of indifference whether the defendant were solvent of insolvent.
His Honor fell into error by not adverting to the distinction, which we have attempted to point out in Capehart v.…
2Cited by3 opinions
- Robrecht v. RobrechtWest Virginia Supreme Court · 1899
- Brothers v. . HarrillSupreme Court of North Carolina · 1855
- Person v. . PersonSupreme Court of North Carolina · 1911