Graves v. Ashburn, 215 U.S. 331 (1909)

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Graves v. Ashburn

No. 51

Argued December 7, 1909
Decided December 20, 1909
215 U.S. 331

CERTIORARI TO THE CIRCUIT COURT OF

APPEALS FOR THE FIFTH CIRCUIT

Syllabus

Where the remedy at law is of doubtful adequacy and the policy of the state is clearly indicated for the protection of an important industry, equity may interfere although, under different circumstances, an injunction might be denied, and so held as to an injunction against cutting or boxing timber on pine lands in Georgia.

Possession of unenclosed woodland in natural condition is a fiction of law, rather than a possible fact, and can reasonably be assumed to follow the title, and, in this case, held that a suit in equity could be maintained to remove cloud on title and cancel a fraudulent deed of timber lands in Georgia notwithstanding there was no allegation of possession.

A suit in equity may be maintained to cancel a deed improperly given where the invalidity does not appear on its face, and under which by the state law, as in Georgia, possession might give a title.

The fact that the defendant has, during the pendency of an equity action to set aside a deed, continued to waste the property does not destroy the jurisdiction of the court; the bill may be retained, and damages assessed.

The objection of multifariousness is one of inconvenience, and, after trial, where the objection was not sustained by the lower court and defendants did not stand upon their demurrer setting it up, it will not prevail in this Court in a case where the bill charged a conspiracy between several trespassers whose trespasses extended over contiguous lots treated as one.

The facts are stated in the opinion.