Wilmore Coal Co. v. Holsopple

Citations

• 251 Pa. 268
• 96 A. 648
• 1916 Pa. LEXIS 455

Syllabus

<p>Equity — Equity jurisdiction — Cutting timber — Doubtful legal right — Bill in equity — Injunction.</p> <p>1. Equity will not restrain an interference with a doubtful legal right involving disputed questions of fact. Before a complainant can invoke the aid of a chancellor in such case he must have his right determined in an action at law.</p> <p>2. A bill in equity to restrain the cutting of timber on complainant’s land was properly dismissed, where it appeared that the complainant and defendant had entered into an agreement under which the latter was given the right to cut timber on a certain part of such land; that a sketch purporting to fix the limits of such tract was attached to the agreement, but failed to describe it by metes and bounds or by monuments; and that while a survey was subsequently made purporting to cover the tract referred to in the agreement there was no evidence that defendant had agreed to the boundaries fixed by such survey and he had testified that he had refused to be bound by it.</p>