Public-domain · open source
OpenJurist

2 Del. Ch. 230

Fleming v. Collins

Court of Chancery of Delaware

Decided September 15, 1859

Court of Chancery of Delaware · decided 1859-09-15

Bill to restrain waste and eor an account. The complainant was trustee under the will of Benjamin Pot: ter, deceased, of certain real estate devised to charitable uses. The bill was filed against the heirs at law and the administrators of Joshua S. Layton, deceased; alleging that he, in his life-time, had cut timber on part of the trust estate, and praying an injunction against further w'aste; also praying an account of the waste committed and payment of the amount.

Good law ✅— No negative treatment on recordhow we know

Decided 1859-09-15

How this case has been cited

Cited by 6 later decisions — most recently October 1970

6 state decisions

201859186018701880189019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Harrington, Chancellor.

¶1The verdict upon the issue concludes the question of title, and leaves nothing to be decided but whether waste, such as is the subject of equitable jurisdiction, has been committed, and the amount of it. The cutting is undisputed, and the amount and the value of the timber cut is proved. That it is the subject of equity jurisdiction there can be no doubt. For, the cutting of timber is an injury irreparable in its nature, and by whomsoever committed is remediable in equity. The remedy by injunction in such cases, has been greatly extended, and is applied even to restrain trespasses which are irreparable. Coop. Eq. 152 ; Eden on Inj. 199; 6 Johns. Ch. R. 497. The Court having jurisdiction to restrain waste will do complete justice by decreeing an account and satisfaction for the waste committed; and the party committing it having died, the liability to account survives *233against his administrators. In the present cáse there is already sufficient proof for a final decree ; but if the parties desire an opportunity for further proof, I will direct an account.

¶2Both parties preferred a decree upon the present proofs; and, accordingly, a decree was entered against the administrators of Joshua S. Layton, deceased, for $125.00, as the value of the waste.

/2/delch/230 · .json · Public domain