Pardee v. Camden Lumber Co.

Barton Pardee and other plaintiffs sued Camden Lumber Company to enjoin it from cutting timber on a tract of land in Webster County, West Virginia, the title to which was in dispute and which was the subject of a pending ejectment action to determine ownership. A trial court initially granted an injunction preventing the cutting but later dissolved it, relying on the established rule from McMillan v. Ferrell that an injunction against timber-cutting requires the plaintiff to allege not only good title and trespass but also the defendant's insolvency or some other circumstance making an ordinary damages action inadequate. Pardee appealed the dissolution of the injunction to the Supreme Court of Appeals of West Virginia.