Camp v. Conner

• Citation: 88 So. 578,205 Ala. 468
• Decision Date: 07 April 1921
• Docket Number: 8 Div. 284
• Parties: CAMP v. CONNER et al.
• Court: Supreme Court of Alabama

88 So. 578

205 Ala. 468

CAMP v. CONNER et al.

8 Div. 284

Supreme Court of Alabama

April 7, 1921

Appeal from Circuit Court, Colbert County; C.P. Almon, Judge.

Bill by Mary H. Conner and another against Ed. Camp and others to enjoin trespass, for a receiver, and to reclaim possession of property. From a decree granting the relief prayed respondent Camp appeals. Affirmed.

A.A Williams, of Florence, for appellant.

Mitchell & Hughston, of Florence, for appellees.

MILLER J.

Mary H Conner and Jacqueline P. Thompson, complainants, file this bill against Ed. Camp and Reid & Lowe, defendants, asking for an injunction to prevent continued trespass and irreparable injury to land and the appointment of a receiver to take charge of the property and collect the rents and hold it for distribution under the orders of the court.

The cause was submitted on application for injunction and appointment of a receiver to the court on the bill of complaint, answer of defendant Ed. Camp, and the written agreement of complainants and Reid and Lowe, and ex parte affidavits of witnesses. The court thereon appointed a receiver. There was no necessity to issue the injunction, as the defendants Reid and Lowe agreed in writing with complainants that they claimed no title or interest in the land, except that they had rented or leased it from Ed. Camp that they would commit no more waste and cut down no more trees unnecessarily, and would abide by the orders of the court and pay the rent they had agreed to pay to Ed. Camp to the receiver under the orders of the court.

This decree of the court is not assigned as error. The cause was submitted for final decree on bill of complaint, answer of defendant Ed. Camp, and testimony as noted by the register.

The court overruled the demurrers to the bill, and held that there was equity therein; that the complainants were entitled to the relief prayed for; they owned the land as tenants in common or joint owners; the defendants were trespassers thereon; and the receiver should pay the rents collected to complainants.

Overruling the demurrers, granting the relief, and declaring the complainants owners of the land by the decree of the court are assigned as errors by Ed. Camp, the defendant.

The defendant Ed. Camp complains by demurrer that the bill does not aver facts showing complainants own the land; that they have an adequate remedy at law; that it charges fraud, but sets out no facts to base it on; that the facts are insufficient to show that Ed. Camp is insolvent; and that there is no equity therein.

The bill states and avers that complainants are joint owners and tenants in common of about three acres of land, particularly describing and bounding it; that "they have been in undisputed possession, ownership, and control of it for more than 40 years, having warranty deed from the original owners and exclusive possession thereunder" until the defendants "forcibly and unlawfully" went into possession of it; that it was inclosed by a wire fence; that complainants used and removed surplus timber therefrom, and had a rock quarry thereon; paid the taxes and exercised exclusive possession and ownership of it, until the defendant Ed. Camp unlawfully broke down the fences on the land and entered on it without any license or leave of any kind from the complainants, and without any title or right of any kind to the land, and proceeded to lease or license it to Reid and Lowe and others "on the false and fraudulent pretenses that he owned said lands"; that this land was in great demand at the time; the United States government was investing millions in the nitrate plant near there; people were coming and going, hunting employment; the land was situated on the public highway, fronting on the river and bounded on one side by the railroad right of way; it was a beautiful location for residences, with many large and handsome shade trees thereon; that Reid and Lowe had contracted to repair the bridge and do work for the Southern Railway Company at this land; that from 40 to 100 temporary tents and structures for their laborers to live in were being erected on the land, the shade trees being cut down and destroyed by them, and they "are constructing on the land switches, turnouts, tracks, and numerous and various kinds of works in connection with their contract to repair the railway bridge at this point," and "they are cutting down shade trees and engaged in digging, excavating, on said lands to the destruction and permanent impairment of the great natural beauty of said lands and to the permanent and irreparable injury of the same"; that "they have refused to vacate on demand of complainants, and have completely ousted complainants from said lands, and rendered it impossible for them to protect their property from destruction, and deprived them of the opportunity to realize the benefits of the developments taking place." The bill also alleges that various persons, coming and going, are temporarily occupying these tents and structures under some agreement with Ed. Camp, and he is collecting pay or rent therefor; that "Ed. Camp is insolvent; that he is a man of no means and could not respond in damages for the injury to said property;" and "that the buildings are...