99 So. 907 | Ala. | 1924
Defendant, appellant, demurred to appellee's bill on the sole general ground that it contained no equity, and on that ground also moved the court to dissolve the temporary injunction by which appellant had been enjoined from the further prosecution of an attachment suit against appellee or otherwise interfering with appellee in the operation of a farm he had leased from appellant. The demurrer was overruled, the motion to dissolve was denied, and this appeal followed.
We are far from holding that the bill in this cause is proof against special demurrer; but we do think there is equity in the bill, and that appellant's demurrer and motion to dissolve were properly overruled and denied. Without considering defects of form (McDuffie v. Lynchburg Shoe Co.,
"Injunctions are granted with great freedom to restrain breaches of covenants between landlord and tenant." 4 Pom. Eq. Jur. (4th Ed.) §§ 1707-1708. The acts on the part of appellant averred in the bill amount to a breach of the necessarily implied, if not expressed, covenant that appellee should, so far at least as concerned the acts of appellant, be secure in the use and enjoyment of the property, and the injury done thereby is irreparable, as the bill avers, because appellee, if obliged to depend on his remedy at law, would have difficulty in securing a proper estimate of damages. 4 Pom. Eq. Jur. (4th Ed.) §§ ubi supra; Morris v. Iden,
Affirmed.
ANDERSON, C. J., and GARDNER and MILLER, JJ., concur.