Leatherbury v. McInnis

Citations

• 85 Miss. 160

Syllabus

<p>1. Chancery Practice. Waste. Co-tenants. Injunction.</p> <p>One tenant in common is entitled to an injunction against his co-tenants to restrain unusual and-unreasonable waste, indicating malice and tending to destroy the chief value of the land.</p> <p>2. Same. Limitation of injunction.</p> <p>Where one tenant in common has enjoined his co-tenant from destroying timber which covers the entire tract and constitutes its chief value, and there is no showing that the timber on one part of the tract is of more value than that on any other part, the injunction should be limited so as to restrain the defendant only from destroying more trees than such' proportionate part thereof as corresponds with his interest in the land.</p>