Woods v. Riley

Citations

• 72 Miss. 73

Syllabus

<p>1. ChaNoery Court. Jurisdiction. Injunction. Waste. Const. 1890, U 159, 160.</p> <p>Under §§ 159, 160, constitution 1890, vesting- jurisdiction in the chancery court of all eases in which it had jurisdiction when the constitution was adopted, and of all cases where it formerly exercised auxiliary jurisdiction to courts of law, although the legal remedy may not he exhausted or the legal title established, where, on a hill to cancel title to land, a decree is rendered against complainant, from which he appeals, he may maintain a hill to enjoin the defendant (though in possession, claiming- title adversely) from cutting trees on the land, the timber, constituting its chief value, and the defendant being insolvent. JEsltridye v. EsTtridge, 51 Miss., 522, explained. •</p> <p>2. Injunction. Dissolution. Formar svAt. Waste.</p> <p>In such case, the injunction will not he dissolved upon the ground that it should have been applied for in the first suit, it appearing that the defendant had heg-un to cut the timber after the decree and appeal therein.</p>