125 Ga. 362 | Ga. | 1906
As will be seen by reference to the foregoing report of the ease, the title to the land in question was in dispute, and defendant was in possession. It was held in Vaughn v. Yawn, 103 Ga. 557: “The office of an injunction being, under the code of this State, merely to restrain and not to compel the performance of an act, this remedy is not available for the purpose of evicting a party from the actual possession of land, the right to which is in dispute between himself and another; and consequently such a result can not be indirectly accomplished by an order restraining the party in possession 'from further interfering with said lot of land, house and crop’ thereon. Such an order, being mandatory in its nature, would afford relief not within the proper scope of the writ ■of injunction. Civil Code, §4922. Russell v. Mohr-Weil Lumber Company, 102 Ga. 563.” To the same effect is Paschal v. Tillman, 105 Ga. 494. It follows that it was error in the present case for the court to enter a final decree that the defendant “be permanently ■enjoined from interfering with or interrupting the plaintiff . . in the full and free enjoyment of'the use and possession of the premises described in plaintiff’s petition, with the right [given to plaintiff] to remove obstructions now or hereafter placed on said premises by the defendant.”
Judgment reversed.