Weeks v. J. C. Turner Lumber Co.

Citations

• 53 Fla. 793

Syllabus

<p>EQUITY PRACTICE — REQUISITES OE BILL FOR INJUNCTION TO STAY TRESPASS ON LAND — PERPETUAL INJUNCTION TO RESTRAIN CONTEST OF TITLE.</p> <p>1. It is incumbent upon a complainant to allege every fact clearly and definitely in his bill that is necessary to entitle him to relief, and if he omits essential facts therefrom, or states such facts therein as show that he is not entitled to relief in a court of equity, or that renders his right to such relief doubtful, he must suffer the consequence’s of his so doing.</p> <p>2. Where a bill for injunction to stay waste and trespass upon lands alleges that the defendant does the acts complained of under a claim of ownership of an undivided one-third interest in fee in the land, and fails to negative, dispute, explain or contest such claim, injunction should be denied; and in such a case it is error to perpetually restrain and enjoin the defendant from disputing or contesting the title of the complainant to the- land in controversy.</p>