Wheelock v. Noonan - 108 N.Y. 179, 15 N.E. 67 (1888)

Rule:

While ordinarily courts of equity will not wield their power merely to redress a trespass, yet they will interfere under peculiar circumstances, and have often done so where the trespass was a continuing one, and a multiplicity of suits at law was involved in the legal remedy.

Facts:

Plaintiff lessor contracted to permit the defendant lessee to store rocks on his property. When the defendant lessee exceeded his lease, the plaintiff lessor asked the defendant lessee to remove the rocks and sought to rescind the lease. Plaintiff lessor instituted an action to compel defendant lessee to remove the rocks. The trial court held that after the withdrawal of the plaintiff’s permission and the demand for removal, defendant was a trespasser. The trial court further held that the trespass was a continuing one, and that the plaintiff was entitled to the equitable relief sought. Defendant lessee appealed, arguing that the equitable relief was improper since there was an adequate remedy at law. The plaintiff lessor objected arguing that no such defense was pleaded.

Issue:

Was the relief granted, i.e., equitable relied forcing the removal of the rocks, within the power of the court to grant? 

Answer:

Yes.

Conclusion:

The court affirmed the judgment of the trial court. While ordinarily courts of equity will not wield their power merely to redress a trespass, yet they will interfere under peculiar circumstances, and have often done so where the trespass was a continuing one, and a multiplicity of suits at law was involved in the legal remedy. In this case, the court found that the legal remedy was not adequate and that the lessor was not bound to accept it. Therefore, the equitable remedy was affirmed.