Waldron v. W. M. Bitter Lumber Co.
| Decision Date | 05 March 1912 |
| Citation | 70 W.Va. 470 |
| Parties | Waldron v. W. M. Bitter Lumber Company. |
| Court | West Virginia Supreme Court |
Injunction Trespass.
Equity, at the suit of a claimant out of possession, will enjoin the cutting of timber by another claimant, pending a suit at law brought or about to be brought to try the legal title thereto.
(Beannon, Fbesident, absent).
Appeal from Circuit Court, McDowell County. Bill by John W. Walclron against W. M. Eitter Lumber Company. Decree for plaintiff, and defendant appeals.
Affirmed.
Coo~k, Liiz and Howard, and Anderson, Str other & Hughes, for appellant.
Sanders & Crockett, for appellee.. Miller, Judge:
Defendant has appealed from sundry decrees refusing to dissolve and continuing in force the injunction, awarded on the original bill, on May 27, 1910, restraining it from cutting and removing the timber on a tract of land in McDowell county. By the last of said decrees, pronounced in vacation on September 7, 1910, the court below, on the second amended and supplemental bill filed, and demurrer and answer of defendants thereto, and on the respective motions of the defendant to dissolve and of the plaintiff to continue said injunction, refused to dissolve the same and ordered that it be continued in force until the final hearing.
Plaintiff in his second amended and. supplemental bill alleges that learning from the answers of defendants that they denied plaintiff's title to the land in controversy, he had instituted a suit in ejectment to try the title; and the prayer of that bill is that the injunction theretofore awarded be continued until the final determination of that action, and for general relief.
On awarding an appeal from said decrees this Court on September 10, 1910, ordered that said injunction be thereby stayed and wholly suspended in its operation pending the determination of the appeal and supersedeas here, or until the further order of the court, such suspension to be ineffective, however, until appellant or some one for it should have given bond before the clerk of the circuit court, with good personal security, to be approved by him, in the penalty of twenty-five hundred dollars, conditioned to protect and save harmless the plaintiff from any and all damages incurred by reason of such suspension of the injunction, if the appeal and supersedeas should be dismissed or determined adversely to appellant, and otherwise conditioned according to law.
In the recent case of Pardee v, Camden...
To continue reading
Request your trial