Gilmore et al. vs. Wells et al.

Supreme Court of Georgia1886-11-23

78 Ga. 197

Summary · law.co

Holding. The court overruled Gilmore's demurrer and affirmed the decree perpetually enjoining him from interfering with the defendant's and her children's possession of the land, holding that equity may intervene to restrain a trespass when the defendant is insolvent and unable to respond in damages, rendering the legal remedy inadequate.

Gilmore obtained a warrant to remove the defendant from land under a statutory procedure. The defendant filed an equity bill claiming she and her children owned the property through her deceased husband's purchase from Perkins, asserting seven years of possession under a bond for title and alleging poverty that prevented her from posting the required bond. She denied that a landlord-tenant relationship ever existed and claimed Gilmore had no valid title to the land. Gilmore moved to dismiss the equity case, arguing the defendant had an adequate remedy at law.

The court determined that although equity generally does not intervene to stop a trespass, an exception applies when the injured party cannot recover adequate damages through legal remedies. Here, since Gilmore was alleged to be insolvent and unable to pay damages, the defendant's legal claim for compensation would be fruitless. The court found that using a warrant procedure to remove someone from land they own—particularly through false allegations—constitutes a wrongful trespass for which an insolvent defendant cannot compensate the victim, making equitable relief appropriate.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether equity courts may enjoin a trespass when legal remedies are inadequate
Whether insolvency of the defendant justifies equitable intervention
Whether title dispute and denial of landlord-tenant relationship create equity jurisdiction
Whether wrongful use of a statutory warrant procedure constitutes actionable trespass

Procedural posture

Gilmore obtained a warrant to evict the defendant from land; the defendant filed an equity bill; Gilmore demurred for want of equity and adequate remedy at law; the trial court overruled the demurrer, the case proceeded to hearing, a jury found for the complainant, and a perpetual injunction was entered.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

majority opinion

Blandford, Justice.

Gilmore took out a warrant against defendant, under section 4077 of the code, to turn her out of a certain tract of land. The defendant proceeded to file her bill, in her own behalf and as nest friend for her children, against plaintiff, in which she alleged that, by reason of her poverty, she was unable to give the bond required by §4079 of the code. She set up title to the premises through one Perkins, to the land by purchase by her husband while in life, and a bond for title to him by Perkins, and that the purchase money had been paid, and seven years’ possession under the bond, and that all the property which her husband left at his death was not worth more than five hundred dollars, and that, the property was hers and her children.’s. She denied that the relation of landlord and tenant ever existed between herself and children, or her husband and Gilmore, and denied that Gilmore ever had title to the land, and alleged that he was insolvent and unable, to respond to any damages she might recover against him. To this bill Gilmore demurred for want of equity, and because complainants had a full and adequate remedy at law. The court overruled the demurrer,and defendant excepted, and this, is assigned as. error. The case-proceeded to a hearing and the jury found for complainant. A decree was rendered perpetually enjoining the defendant, Gilmore, from further interfering with the complainants in the enjoyment of the possession of the land in controversy.

The counsel for plaintiff in error insists that this case is governed by the cases of Hall vs. Holmes and wife, 42 Ga. 179; Cherry vs. Ware, 63 Ga. 289, and Huff vs. Markham, 71 Ga. 5-57. It will be seen, by an examination of these cases, that in neither of them was the title of the premises in dispute between the parties, nor will it appear that the relation of landlord and tenant was denied; while, in the present case, the tenancy is denied, and complainant sets forth her and her children’s title independent of the pretended landlord, and denies that he ever had any title whatever, and alleges his insolvency as being unable to respond to complainant for any damages which they, might recover from him by reason of his wrongful act in turning, them out of possession of their land; As it appears to us, this is a bill to restrain a trespass by one who is insolvent; and who is unable to respond for the damages which may be incurred by the.trespass. A court of equity, as a general rule, has no power .to restrain a trespass, but will ordinarily leave the party injured to seek redress for the same in a court of law. But where it is shown that the remedy at law is or will prove fruitless, and the loss or damage is irreparable, then, it has often been decided by this court and it is undoubtedly the law that, a court of equity will intervene by injunction to restrain the trespass. It is as much a trespass to turn one out of possession of her land under color of the law by warrant under section 4077 of the code, by a false affidavit for that purpose, as without such a warrant; and the party so using this law wrongfully is liable to the party aggrieved for any damages they may sustain by the wrongful conduct of the other party. And in this case, the plaintiff in error is alleged to be insolvent and unable to respond in damages for his contemplated wrongful act. The remedy at law falls short of. affording complainants full and adequate relief. So we think that the relief sought in equity is proper, and that the court did right to overrule, the demurrer filed in this case by plaintiff in error; and his. decree in the premises must be affirmed.