Oliver Wendell Holmes, Jr.

“ The objection of multifariousness is an objection of inconvenience. The defendants did not stand upon their demurrers setting it up. There has been a trial after long delay. In view of the evidence and the fact that the objection did not prevail with the lower courts, we are of opinion that it should not prevail now. While the decree must be reversed, our decision is without prejudice to any finding upon the facts consistent with the rules that we have laid down.
Decree reversed and case remitted to the Circuit Court for further proceedings. ”

“ As the case is before us, it is proper to add that we perceive no sufficient reason in the grounds stated for denying a cancelation of the deed to Ashburn. The first of these grounds is that the plaintiffs do not allege that they are in possession of the land concerned. We infer that the premises, or the greater part of them, are woodland, not inclosed by fences, but in their original natural condition. If so, then possession is a fiction of law rather than a possible fact, and it would be reasonable to assume that possession remains with the title. ”

“ It is assumed, as was found by the circuit court, that the plaintiffs' title was made out, and that the defendant is or may be responsible for the wrong. If the defendant is responsible, we are of opinion that an injunction ought to issue. The industry concerned is so important to the state of Georgia, and the remedy in damages is of such doubtful adequacy, that equity properly may intervene, although, in different circumstances, an injunction against cutting ordinary timber might be denied. ”