9 S.E.2d 754 | Ga. | 1940
1. While the rule is well established in this State that the cutting of timber may be enjoined, though the defendant be solvent, where there are frequent acts of trespass, accompanied with threats to continue, or the circumstances indicate that the trespasses will recur from day to day (Kimbrell v. Thomas,
2. As to the remaining prayers that the defendant be enjoined from interfering with the plaintiffs in the possession of the disputed part of the land, the possession and control of which was alleged to be in the defendant, the petition showed no ground for equitable relief, and the existence of an adequate remedy at law: (a) Because "a court of equity will not ordinarily entertain a bill solely for the purpose of establishing the title of a party to real estate, or for the recovery of possession thereof, as these objects can generally be accomplished by an action of ejectment at law." Collier
v. Garner,
3. Under the preceding rulings, and irrespective of other questions raised by the demurrers to the petition, it was error to overrule the general demurrer.
Judgment reversed. All the Justicesconcur.