Busby v. Mitchell

Citations

• 29 S.C. 447
• 7 S.E. 618
• 1888 S.C. LEXIS 153

Syllabus

<p>1. In action to recover the possession of land, for an injunction restraining the use of it by defendants, and for damages for its retention, the Circuit Judge held that the defendants wore entitled to the possession and dismissed the complaint. On appeal, this court held that the plaintiffs were entitled to the possession, and reversing the judgment of the court bolow, remanded the case “for such further proceedings as may be necessary to carry out the views herein announced.” Held, that the question of damages was not adjudicated.</p> <p>2. This being a case in chancery, in part for injunction to restrain further injury to land, the measure of compensation for past injury may bo ascertained by the master; and plaintiffs were entitled to a reference for that purpose.</p>