Doke v. Peek

Citations

• 45 Fla. 244

Syllabus

<p>)-■ The owner-of timber upon the laiid is not an “owner of timbered lands,” within the meaning of Revised Statutes, section 1469.</p> <p>The fact that the timber standing upon land constitutes its chief value, does not give equity jurisdiction to enjoin its cutting upon application of one owning only tha timber,</p> <p>fi. A bill alleging that complainant is the owner of the timber upon lands and in the actual possession thereof and that said lands are chiefly.valuable for the timber thereon, and are wild, unimproved and unoccupied, is insufficient- to support an injunction against a trespasser thereon, even ' though the chief value of the land would be destroyed by the removal of said timber.</p> <p>4. 'Upon a heaving for an injunction, proof of the insolvency of the defendant must he direct and positive, and not merely upon information and belief.</p>