Bogey v. . Shute
Supreme Court of North Carolina
Appeal from an interlocutory order of the Court of Equity of Craven County, at the Spring Term, 1854, continuing the injunction until the hearing of the cause, His Honor Judge Ellis presiding.
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Appeal from an interlocutory order of the Court of Equity of Craven County, at the Spring Term, 1854, continuing the injunction until the hearing of the cause, His Honor Judge Ellis presiding. The bill was originally filed against Roderick J. Shute, to foreclose a mortgage made by him to the plaintiff, to secure the payment of certain debts therein mentioned, for which the plaintiff was the said Shute’s surety to several persons: which mortgage embraced three several tracts of land and divers articles of personal property. Roderick J. Shute died before he answered the bill, and the plaintiff…
1Opinion of the CourtNash, C. J.
This case comes within the principle of Thompson and French against Williams decided at this Term, (ante, 116.) The injunction in this, as in that case was granted, not to stay waste, strickly speaking, but to restrain a simple trespass —and in order to bring it within the rule of Equity in such cases, the bill charges, that the defendant William H. Shute is insolvent, and that if he is permitted to go on and cut down the timber as he has done, the land will be injured, and he be unable to compensate the plaintiff for the damages he may recover. It is not sufficient for a plaintiff to state…
2Cited by4 opinions
- Pharr v. GaribaldiSupreme Court of North Carolina · 1960
- Goldsboro Lumber Co. v. Hines Bros. Lumber Co.Supreme Court of North Carolina · 1900
- Newton v. BrownSupreme Court of North Carolina · 1904
- Newton v. . BrownSupreme Court of North Carolina · 1904