Powell v. Rawlings

•Robinson, J., delivered the opinion of the Court. The bill alleges that Thomas H. Rawlings in the year 1838, purchased the tract of land in question of a certain Patrick Lyddane, and by deed duly executed, conveyed the same to the complainant in the year 1843, and that since that time he has been in possession and has exercised exclusive ownership over said tract of land; that the appellant under a pretended claim of title to a portion of said tract, has entered upon the same and cut down and destroyed a large number of pine trees growing upon said land, and has threatened further to cut down and destroy other valuable pinp trees upon said premises, to the irreparable damage of the complainant, &c., and prays the Court to grant an injunction forbidding and enjoining the said Powell from committing further waste, &c. The defendant in his answer claims title to the tract of land upon which the alleged trespass was committed, and denies that the complainant has been in possession of the same. The cause is submitted on bill, answer and proof. ²⁴¹ Assuming that the averments in the bill are sufficient, and that the complainant has satisfactorily established his title to the land in dispute, without however so deciding, we are of opinion that the proof wholly fails in presenting a case such as to warrant the interference of a Court of Equity by injunction.

It has been repeatedly held by this Court, that a party is not entitled to an injunction to restrain a mere trespasser, hut that the trespass must be of such a character as goes to the destruction of the inheritance, or which the party could not be adequately compensatedfor by pecuniary damages. White vs.