47 Minn. 286 | Minn. | 1891
Plaintiff holds a mortgage upon an undivided half of the land described in the complaint, executed by Willis Baker, August 15, 1884. The land referred to then contained large
It may be conceded that the unauthorized digging of clay by a tenant is waste when there is nothing in the situation of the premises or other special circumstances to take the ease out of the general rule. Livingston v. Reynolds, 2 Hill, 157. And so in special cases an injunction will issue to restrain injuries to the freehold in the nature of waste between tenants in common. Hawley v. Clowes, 2 John. Ch. 122; Coffin v. Loper, 25 N. J. Eq. 443; Atkinson v. Hewitt, 51 Wis. 275, (8 N. W. Rep. 211.) But where works, of the character described, for carrying on the business of making brick, have been •constructed and established, and the business lawfully undertaken by
Order reversed.
Note. A motion for a reargument of this case was denied November 9, 1891.