Plaintiff must show title.

- If the plaintiff should show title and irreparable damage, equity would interfere in the plaintiff's behalf to restrain a nuisance, trespass, etc., when defendant fails to show any fact that would break down or impeach plaintiff's title. Murphey v. Harker, 115 Ga. 77, 41 S.E. 585 (1902).

Need not show insolvency or irreparable damage to enjoin waste.

- Unlike trespass under former Civil Code 1895, § 4916 (see O.C.G.A. § 9-5-4), the plaintiff did not have to show insolvency or irreparable injury to enjoin waste. Brigham v. Overstreet, 128 Ga. 447, 57 S.E. 484 (1907).

Injunction improper where plaintiff lacks title.

- Injunction will not issue at the instance of a stranger to the title or possession to restrain trespass and stay waste, even against a wrongdoer. Flannery & Co. v. Hightower, 97 Ga. 592, 25 S.E. 371 (1895).

If the plaintiff has no title the plaintiff can suffer no injury, and the plaintiff is not entitled to any aid, and equity will not interfere with the enjoyment of the party in possession. Murphey v. Harker, 115 Ga. 77, 41 S.E. 585 (1902).

Cited in Huggins v. Huggins, 117 Ga. 151, 43 S.E. 759 (1903); Griner v. Culpepper, 164 Ga. 858, 139 S.E. 666 (1927).

Am. Jur. 2d.

- 78 Am. Jur. 2d, Waste, § 27 et seq.

C.J.S.

- 93 C.J.S., Waste, §§ 14, 15, 25 et seq.

ALR.

- Right of mortgagee to maintain suit to stay waste, 48 A.L.R. 1156.

Right of holder of tax or other lien on real property, other than mortgage, to restrain waste, 103 A.L.R. 384.

Rights and remedies of owner or lessee of oil or gas land or mineral or royalty interest therein, in respect of waste of oil or gas through operations on other lands, 4 A.L.R.2d 198.

Right of contingent remainderman to maintain action for damages for waste, 56 A.L.R.3d 677.