74 Neb. 637 | Neb. | 1905
he plaintiff obtained a permanent injunction in the district court for Lancaster county, restraining the defendants from entering upon or trespassing on a tract of farm land in that county, and from entering or attempting to enter the residence of the plaintiff on the premises, and from interfering with the plaintiff in his-occupation thereof. The defendants appeal, *
In an amended petition plaintiff claimed possession and the right of possession under a written lease from Emma Simon, the owner of the land; that he entered into the possession thereof on the 13th day of February, 1904; that the land ivas inclosed by a barbed wire fence, and that on the land were several small buildings, including a dwellingdiouse Avliere the plaintiff lived; that on the 1st day of March, 1904, the defendants forcibly and unlaAVfully entered upon the premises and commenced to farm the land; that the plaintiff forbade them to enter and ordered them to vacate and leave the premises, but the defendants violently and unlaAvfully assaulted the
The appellants insist that the evidence is not sufficient under the law to sustain a judgment. It would serve no useful purpose to quote from the testimony at length. There is competent evidence in the record tending to establish these facts: That on the 16th day of February, 1904, the plaintiff moved household goods into the dwelling-house on the land in dispute, repaired the bam on the premises, and hauled and stored there feed for his horses; that on the 1st day of March, 1904, while the plaintiff was temporarily absent from the premises, and while the premises were in charge of his brother, the defendant O. A. Herring mitered upon the farm and demanded possession, which was refused; that he forcibly took off the locks and fastenings from the door of the dwelling-house and from the gate, and placed other locks thereon; and that upon the plaintiff’s return he undertook to persuade the defendants to leave, and notified them to leave, and that they did leave; that on the following day the defendants again appeared while the plaintiff was preparing his breakfast in the dwelling-house; that the plaintiff forbade them entering upon the premises; that they forcibly opened the gate and threatened to assault the plaintiff, stating that
It is also contended that, because the evidence does not disclose that the defendants are insolvent, the injunction should not have been allowed. In Pohlman v. Evangelical Lutheran Trinity Church, 60 Neb. 364, it was held:
“The destruction of a fence, and threatened repetition thereof by a trespasser as often as the fence should be-replaced, entitles the owner to relief by injunction against the invader, even though the latter may not be insolvent.”
The rule in that case is applicable to the case now under, consideration.
A court of equity will interfere to restrain repeated acts of trespass, because the remedy by action at law is not adequate, as it would require the injured party to bring such an action every time the injury was repeated. Shaffer v. Stull, 32 Neb. 94.
We are satisfied that the judgment of the district court was right, and recommend that it be affirmed.
By the Court: For the reasons stated in the foregoing opinion, the judgment of the district court is
Affirmed.