Green v. Mutual Steel Co.
Decision Date | 15 January 1959 |
Docket Number | 6 Div. 288 |
Citation | 268 Ala. 648,108 So.2d 837 |
Parties | Isaac GREEN et al. v. MUTUAL STEEL COMPANY, Inc. |
Court | Alabama Supreme Court |
Silberman & Silberman and Victor H. Smith, Birmingham, for appellants.
Kingman C. Shelburne, Birmingham, for appellee.
This is an appeal from a decree overruling demurrer to a bill in equity.
The bill prays for injunctive relief, temporary and permanent. Grounds of demurrer were addressed to the bill as a whole and to 'that part or phase of said bill which seeks a temporary injunction.' The decree of the trial court is general, no reference being made therein to the so-called aspect or phase to which grounds of demurrer were addressed. Under our holding in the case of Rowe v. Rowe, 256 Ala. 491, 55 So.2d 749, our review is limited to those grounds of the demurrer addressed to the bill as a whole which are argued in brief of appellant. Mangham v. Mangham, 264 Ala. 354, 87 So.2d 818, and cases cited.
The argued grounds of the demurrer addressed to the bill as a whole are all to the same effect, i. e., there is no equity in the bill in that it appears therefrom that the complainant has an adequate remedy at law.
The bill alleges that complainant owns and is in possession of certain described read property situate in the 'Bessemer Cut-off' in Jefferson County, which real property is generally referred to in the bill as 'Lot 22.'
The material averments of the bill are as hereafter set out:
'2. * * *
'That your complainant is engaged in the business of fabricating steel and steel products in said plant located on said Lot 22 and is in the process of having erected around said Lot 22 a steel fence, six feet in height; that a portion of said fence has already been erected around said property of the complainant and the erection of the remainder of such fence is now going on apace.
This court is committed to the equitable right of injunction by the owner of land in possession when the trespass consists in the destruction of the substance of a material portion of that which is its chief value, or trespass is of a continuous or repeated nature, so that actions at law would be inadequate. Birmingham Trust & Savings Co. v. Mason, 222 Ala. 38, 130 So. 559, and cases cited. There being no question of disputed title, or at least that equitable relief is not barred on that ground, injunction is the proper remedy to restrain trespasses where the remedy at law is inadequate because of the nature of the injury or because of the necessity of multiplicity of actions to obtain redress. Lewis v. Hicks, 264 Ala. 440, 87 So.2d 867, 60 A.L.R.2d 307.
A landowner has the inherent right, in the absence of any valid statute, or...
To continue reading
Request your trial-
Smith v. Wilder
...have been argued in brief. Rowe v. Rowe, 256 Ala. 491, 55 So.2d 749; McCary v. Crumpton, 263 Ala. 576, 83 So.2d 309; Green v. Mutual Steel Co., 268 Ala. 648, 108 So.2d 837. It is contended that the grounds of the demurrers taking the point that the amended bill is multifarious should have b......
-
Crew v. W.T. Smith Lumber Co.
...contractors of complainant. In this respect the original bill in the instant case differs from the bill in the case of Green v. Mutual Steel Co., Inc., Ala., 108 So.2d 837. The respondent, B. C. Owen, filed a demurrer, answer and cross bill to the original bill. The cross bill which makes R......
-
Orso v. Cater
...is its chief value, or trespass is of a continuous or repeated nature, so that actions at law would be inadequate. Green v. Mutual Steel Co., 268 Ala. 648, 108 So.2d 837; Lewis v. Hicks, 264 Ala. 440, 87 So.2d 867, 60 A.L.R.2d 307. Also, if one is in possession of land claiming title, he ma......
-
WATER WORKS AND SEWER BD. v. ILI
...38, 130 So. 559 (1930), and cases cited; Tidwell v. H.H. Hitt Lumber Co., 198 Ala. 236, 73 So. 486 (1916); Green v. Mutual Steel Co., Inc., 268 Ala. 648, 108 So.2d 837 (1959). There being no question of disputed title, or at least that equitable relief is not barred on that ground, injuncti......