The affidavit, upon which the injunction was obtained, is defective and insufficient. But assuming that the answer of the defendants waived that objection, we will consider the case upon its merits.
All the authorities say that Courts of equity are slow to move by inj unction to restrain trespass, and will never do so unless it is apparent that but for such interference, the injury will be irreparable, and where no redress can be obtained at law.
Of the many cases which have been before this Court seeking to restrain, by injunction, the working of turpentine orchards, few have been sustained, and in every case, cited by the plaintiffs’s counsel, in support of the present application, the injunction was dissolved.
It should be a very clear case of trespass, and irreparable mischief, to justify a Court in crippling the industry of the country, and preventing the full development of our resources.
In this case the answer of the defendants meet every material allegation of the complaint, in what appears to be a candid manner.
They claim title to the land in dispute, and set forlh their claim of title — admit that they are working their turpentine *331orchard, with prudent care, but deny that they are destroying, or cutting timber of any kind therefrom ; and they say, that although poor, they pay their debts and liabilities as they accrue, owe but little, and are not insolvent. The facts in this case are not unlike those in Thompson v. Williams, 1 Jones Eq., 176, which was a contest between the parties for the possession of land, each claiming the legal title, the defendant being in possession and using it in the ordinary course of agriculture.
In that ease, Nash, C. J., says, “If, in such a case, a defendant can be enjoined, we see no reason, why, in every case, where he is a poor man, possessed only of the land for which he is contending, he may not be stopped by an injunction from opening and clearing the ground.”
The judgment of the Superior Court, dissolving the injunction theretofore granted, is affirmed.
Pee Cubiam. Judgment affirmed.