Indian Land & Trust Co. v. Shoenfelt

Citations

• 135 F. 484
• 68 C.C.A. 196
• 1905 U.S. App. LEXIS 4338

Syllabus

<p>1. Equity—Jurisdiction—Federal Courts—Remedy at Law Adequate.</p> <p>The Constitution and act of Congress deny the national courts’ jurisdiction in equity where the complainant has a plain, adequate, and complete remedy at law.</p> <p>[Ed. Note.—For cases in point, see vol. 19, Cent. Dig. Equity, §§ 121-166.]</p> <p>2. Same—No Jurisdiction to Enjoin Single Trespass.</p> <p>A court of equity has no jurisdiction to enjoin a single trespass upon agricultural land where the probable injury is not shown to be destructive of any part of the real property or irremediable, because an action at law for damages will afford adequate satisfaction.</p> <p>[Ed. Note.—For cases in point, see vol. 27, Cent. Dig. Injunction, § 98.]</p> <p>3. Same—Pleading—Averment of Irreparable Injury.</p> <p>The averment of irreparable injury is futile, in the absence of allegations of facts from which the court can see that irremediable mischief may be apprehended from the threatened wrong.</p> <p>[Ed. Note.—For cases in point, see vol. 27, Cent. Dig. Injunction, § 232.]</p> <p>4. Same—Facts and Decision.</p> <p>Averments in a bill that the owner of a leasehold estate for five years in 200 acres of agricultural land, upon which its tenant had planted a crop, is, with his tenant, about to be removed from 80 acres of the land by one without right, that the complainant paid $150 for the leasehold and $80 for the improvements on the premises, and that it will suffer irreparable injury from the threatened eviction, state no ground of equitable cognizance.</p> <p>5. Same—Practice—Dismissal for Want of Jurisdiction.</p> <p>Where a court of equity. has no jurisdiction of a suit, the decree of dismissal must expressly adjudge that it is rendered upon that ground, or must expressly provide that it is made without prejudice.</p> <p>[Ed. Note.—Eor cases in point, see vol. 19, Cent. Dig. Equity, § 771.]</p> <p>A general decree of dismissal, without more, renders all the issues presented in the case res adj