Bank of Edwall v. Bateman
Bank of Edwall v. Bateman
Opinion of the Court
This action was brought to restrain the defendants from molesting and interfering with the possession of a certain tract of land in Lincoln county belonging to the plaintiff. When the complaint was filed, a temporary restraining order was issued. The cause was tried to the court and a jury. After the evidence was all submitted, the trial court discharged the jury, made findings, and entered a decree restraining the defendants from interfering with the possession of the plaintiff. The defendants have appealed from that decree.
The facts, as shown by the record, are as follows: Prior to June 30, 1913, the appellants were the owners of the land in controversy. On that date the Northwestern & Pacific Hypotheekbank foreclosed a mortgage which had theretofore been given by the appellants to that bank on the land in controversy. On August 2, 1913, the land was sold by the sheriff under a decree in that foreclosure, and bid in by the Hypotheekbank. The sale was thereafter duly confirmed. The respondent, Bank of Edwall, held a second mortgage upon this property, and on July 25, 1914, as a redemptioner under the statute, redeemed the property from the sale in the foreclosure proceeding. On the 18th day of February, 1915, no other redemptions having been made, the sheriff’s deed was executed and delivered to the respondent. On March 2, 1915, the respondent, through an agent, took possession of the property and was proceeding to prepare and plant the land to crops. About two weeks later, the appellants came upon the premises while the agent of the respond
It is alleged in the complaint, and the trial court found as a fact, that, if the appellants were permitted to remain in possession of the property, the respondent would suffer irreparable injury not determinable or to be compensated in damages, and also:
“That, at the time aforesaid, it was the intention of the plaintiff to prepare, and plaintiff was preparing, said lands for a crop of wheat during the year 1915 and had seeded a portion of said lands, and that if the defendants had been permitted to remain in possession until the fight to possession of the plaintiff was confirmed by a trial upon an issue formed and settled said defendants would have prepared said land for such crop as in their judgment should be sown thereon whether it be wheat, barley, oats or other cereal seed, in violation of the plaintiff’s right to prepare said lands for crop according to its judgment and to seed such lands to such crops as in its judgment would produce a greater crop or income from said lands.”
Appellants argue, first, that the court erred in issuing any restraining order for injunctive relief, for the reason that the facts do not justify the same, and that the respondent had a plain and adequate remedy at law. A number of cases from this court are cited to the effect that injunctive relief will not be granted where the plaintiff has a plain, speedy, and adequate remedy at law, and it is contended that an action of forcible entry and unlawful detainer would be' an adequate remedy. In the case of Cogswell v. Cogswell, 70 Wash. 184, 126 Pac. 433, we held that an injunction would not lie to restrain trespass, since the plaintiffs in that action had an adequate remedy by an action of forcible entry and detainer. In that case, the defendants’ claim óf entry and possession was with the knowledge and consent
“The appellants were in peaceable possession of, and carrying on their business of feeding stock on these premises and they had the right to conduct this business without interruption over the entire tract until they were dispossessed by some process of law—not by force. This forcible interruption is an injury to their business which a court of equity will not suffer.”
We think that rule is applicable in a case like this.
. It is next argued by the appellants that the case was really an action at law, and a plain question of fact was presented to the jury, and that the court therefore erred in discharging the jury. We are of the opinion that the court properly discharged the jury for two reasons: First, the action was clearly an equitable action for an injunction to restrain the appellants from interfering with the possession' of the land which was then held by the respondent. And second, we think there was no question of fact to be submitted
It is next urged
“Where there is no adverse holding of land the right of possession ordinarily follows the legal title; and as an ex-ecutory contract of sale does not divest the legal title of the vendor but merely confers upon the purchaser an equitable title, it follows that unless the contract provides otherwise the right of possession remains in the vendor, and the purchaser does not merely by virtue of his contract of purchase acquire any right to possession of the property.” 39 Cyc. 1620.
The contract offered in evidence was properly rejected, because it did not show any right of possession in the appellants. What we have already said is conclusive of the other questions made by the appellants.
We find no error in the record, and the judgment is therefore affirmed.
Ellis, C. J., Parker, Fullerton, and Holcomb, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.