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Pardee v. Camden Lumber Co. | 73 S.E. 82 (1911)

The law has traditionally treated parcels of land as unique and not replaceable by an award of monetary damages. But what about the trees growing on the land? In Pardee versus Camden Lumber Company, the West Virginia Supreme Court of Appeals had to decide whether to leave standing an injunction against cutting timber, or take an axe to it.

Barton Pardee and the Camden Lumber Company, which we’ll call Camden, both claimed title to a forested parcel of land. Pardee obtained an injunction preventing Camden from cutting down the trees on the property, pending resolution of the case. At trial, the jury returned a verdict for Camden, but the trial court didn’t enter final judgment because Pardee had filed a motion to set the verdict aside. However, the trial court did dissolve the injunction. Pardee appealed to the West Virginia Supreme Court, seeking to reinstate the injunction until title to the property was finally determined.

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