McDonald v. Padgett
McDonald v. Padgett
Opinion of the Court
The appeal here is from an interlocutory order for preliminary injunction against trespass to realty by cutting trees, granted under section 1469 of the Revised Statutes to one claiming to own “the turpentine in and on the pine trees” on the land in'question with the privilege of cutting, boxing and scraping the said trees. The section referred to gives the right to injunction to “any person 'claiming to own any timbered lands in this State.”
The order granting the preliminary injunction is reversed.
Reference
- Full Case Name
- L. B. McDonald, J. B. McDonald and A. W. McDonald, Trading as McDonald Lumber Company v. J. B. Padgett
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Section 1469 of the Revised Statutes, in giving a right to enjoin trespass to realty to any person claiming to own timbered lands in this State, does not confer such right upon one claiming to own only the turpentine in the trees with the privilege of cutting, boxing and scraping the trees.