Pardee v. Camden Lumber Co.

73 S.E. 82 (W. Va. 1911)

Facts

Apparently from the facts, P sued D for D’s coming onto P’s land and cutting timber. The trial court allowed injunctive. The appeals court apparently overturned stating that such relief was not available unless there was a showing of good title in the plaintiff, trespass by the defendant and the insolvency of the latter or some other circumstance, rendering an action for damages futile or unavailing. This appeal resulted.