Lott v. Denton

• Decision Date: 11 January 1917
• Docket Number: (No. 215.)
• Citation: 91 S.E. 112,146 Ga. 363
• Parties: LOTT v. DENTON.
• Court: Georgia Supreme Court

91 S.E. 112

(146 Ga. 363)

LOTT

v.DENTON.

(No. 215.)

Supreme Court of Georgia.

Jan. 11, 1917.

(Syllabus by the Court.)

1. Interlocutory Injunction.

Under the evidence and the pleadings, the court did not err in granting the interlocutory injunction.

(Additional Syllabus by Editorial Staff.)

Error from Superior Court, Coffee County; J. I. Summerall, Judge.

Injunction by Mrs. N. E. Denton, against Mrs. M. O. Lott, as administratrix of Warren Lott, deceased. Interlocutory injunction granted, and defendant brings error. Affirmed.

Lankford & Moore, of Douglas, for plaintiff in error.

L. E. Heath and Dickerson & Kelley, all of Douglas, for defendant in error.

BECK, J. Mrs. N. E. Denton filed her petition against Mrs. M. O. Lott, as administratrix of Warren Lott, deceased, seeking an injunction to prevent the defendant from entering upon certain lands and cutting and boxing the timber thereon for turpentine. The defendant resisted the application for an injunction, contending that, under the terms of a certain lease of which her intestate was the transferee, she had the right to enter upon the lands and cut and box the timber. The court granted an interlocutory injunction, and the defendant excepted.

As ruled in the headnote, the court did not err in granting the interlocutory injunction. In the lease referred to it was stipulated that the lessees, their heirs and assigns, should have the right to enter upon and usethe lands in controversy for the purpose of boxing the timber thereon for turpentine purposes during the continuance of the lease; and it was stipulated that the lessees or their assigns could commence boxing or using the timber for turpentine purposes, or any portion thereof, at any time they might desire to do so, and that they should have the right to continue to work the timber for the purposes specified, and every portion thereof, for the term of three years, "beginning, with reference to each portion of the timber, for the time only that the boxing and working of each portion is commenced; it being the intention of the parties that this lease shall continue until all of the timber, and each and every part thereof, has been boxed, worked, and otherwise used for turpentine purposes for the full period of three years."

We are of the opinion that this lease should be construed to require the lessees or grantees, in order to enjoy the rights conferred, to enter upon the lands and commence the working thereof within a reasonable time. It is true that the...