Western Tie & Timber Co. v. Newport Land Co.
This text of 87 S.W. 432 (Western Tie & Timber Co. v. Newport Land Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
(after stating the facts.) Even if we concede that the complaint shows an equitable title and right to possession, still the demurrer should have been sustained. This case is ruled by Myers v. Hawkins, 67 Ark. 413. The complaint does not show that the mischief sought to be enjoined would be remediless at law. The insolvency of the defendant is not alleged. There is no allegation that there will be continuing trespasses, making necessary a multiplicity of suits to redress the injury at law. No facts are alleged showing that there will be irreparable injury to the freehold. Carney v. Hadley, 22 L. R. A. 233, and notes. .
Reversed and remanded, with directions to sustain the demurrer.
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Cite This Page — Counsel Stack
87 S.W. 432, 75 Ark. 286, 1905 Ark. LEXIS 584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-tie-timber-co-v-newport-land-co-ark-1905.