Burns v. Sanderson

Citations

• 13 Fla. 381

Syllabus

<p>1. Where a decree of divorce has been passed, an appeal taken, and supersedeas awarded, a court of equity should not award an injunction to control the operation of the supersedeas.</p> <p>2. Where the legal estate is in the trustee, actions founded upon the legal title must be brought in his name. So also has the trustee the right at law to institute all proceedings authorized by statute or otherwise, to redress injuries to his possession, and to evict defaulting tenants.</p> <p>3. That defendant “ has interfered and intermeddled with the property, and still continues to do so, and has and still continues to forbid the tenants and lessees to pay the rents to the plaintiff, and has forcibly entered one of the buildings on the premises,” does not lay a foundation for an injunction. There are clear remedies at law for a failure oí a lessee to pay rent. The forcible entry is remediable at law also, and the terms “ interfering and intermeddling ” do not disclose a case of threatened trespass, accompanied with irreparable injury or other circumstances calling for the aid of a court of equity.</p>