exclusion 17. For forcibly ejecting or excluding a person from the Forcible possession of real property, three times the actual damages.' 12 R. S., 338, § 4. from pos session of real property. trees, &c. 18. For wrongful injuries to trees, timber or underwood Injuries to upon the land of another, or removal thereof, three times the actual damages, except where the trespass was casual and involuntary, or committed under the belief that the land belonged to the trespasser, or where the wood was taken by the authority of the highway officers for the purposes of the highways; in which cases the damages are the actual loss or harm.' 2 R. S., 338, §§ 1-3. 19. For the wrongful sale of a pledge, the value of the thing pledged at the time of the application to redeem.' 1 Cortelyou v. Lansing, 2 Cai. Cas., 200. Wrongful pledge. sale of a conversion property. 20. For the wrongful taking and conversion of personal Wrongful property other than things in action, the highest market of personal value of the property between the conversion and the trial,' with a fair compensation for time lost and expenses incurred in the pursuit of the property. But in actions arising upon a lien, the damages cannot exceed the amount of the lien.' 1 Sedgwick on Damages, 479, and cases; Wilson v. Matthews, 24 Barb., 295. 2 Bennett v. Lockwood, 20 Wend., 223. 3 Spoor v. Holland, 8 Wend., 445. animals. 21. For injuries to animals, committed wilfully, or by Injuries to gross negligence, in disregard of humanity, exemplary damages may be given. § 1506. The damages prescribed by the last section do not include the exemplary damages which may be given in cases of fraud, oppression or malice, actual or presumed, except as therein expressly provided. Cases of pression fraud, op and malice. TITLE III. SPECIFIC AND PREVENTIVE RELIEF. CHAPTER I. General Principles. II. Specific Relief. III. Preventive Relief. IV. Mixed and General Relief. CHAPTER I. GENERAL PRINCIPLES. SECTION 1507. Specific and preventive relief distinguished. 1508. In what cases allowed. § 1507. In certain cases, where a thing claimed can be taken and delivered to the claimant, or where compensation in damages for a loss by the unlawful act or omission of another would not satisfy the ends of justice, relief may be had of a more specific and immediate nature. Such relief may be given in three modes: 1. By taking possession of the thing and delivering it to the claimant; 2. By requiring the party to do that which ought to be done; and, 3. By preventing the party from doing that which ought not to be done. Each of the first two modes is called Specific, and the third Preventive Relief. Specific and relief dis preventive tinguished. cases § 1508. Whenever an inequitable loss or harm would In what otherwise fall upon a person, from circumstances beyond allowed. his own control, or from his own acts done in entire good faith and in the performance of a supposed duty, without culpable negligence, he may be relieved, by the tribunals, in such manner as may be most just to all parties con cerned. Story Eq. Jurisp., $ 89. CHAPTER II. SPECIFIC RELIEF. ARTICLE I. Possession of real property. V. Rescission of contracts. Immediate possession. Cloud on title, &c. ARTICLE I. POSSESSION OF REAL PROPERTY. SECTION 1509. Immediate possession. 1510. Cloud on title, &c. § 1509. When one claiming specific real property is entitled to the immediate possession thereof, he may have the same taken and delivered to him as provided by the CODE OF CIVIL PROCEDURE. § 1510. When one claiming real property, or an interest therein, is not entitled to the immediate possession thereof, because another is in possession under a title acquired by fraud or mistake, or on which by reason of a fiduciary relation or for some other reason it is inequitable to rely, or when one being in possession seeks to remove a cloud upon his title, the court may require the party in possession and any other person to do that which ought to be done for the protection of the claimant's rights. ARTICLE II. POSSESSION OF PERSONAL PROPERTY. SECTION 1511. Judgment for possession. 1512. Peculiar relief in certain cases. 1513. Damages, when inadequate. for posses § 1511. When one claiming specific personal property is Judgment entitled to the immediate possession thereof, he may have sion. the same taken and delivered to him as provided by the CODE OF CIVIL PROCEDURE. § 1512. Where one claiming personal property or an interest therein, is not entitled to the immediate possession thereof, or the remedy mentioned in the last section would for any reason be imperfect, and compensation in damages for the detention or conversion of the property would be inadequate,' or where the actual possessor has obtained possession through an abuse of power by some person standing in a fiduciary relation to the injured party,' the court will require the party in possession and any other person to transfer the property, and do such other things as ought to be done for the protection of the claimant's right. Story Eq. J., § 709; Fells v. Read, 3 Ves., Jr., 70; Walwyn v. Lee, 9 Ves., 33; Somerset v. Cookson, 3 P. Wms., 390; Pusey v. Pusey, 1 Vernon, 273. 1 2 Wood v. Rowcliffe, 2 Phillips Ch., 382; S. C., 3 Hare, Peculiar relief in certain cases. when inade § 1513. Compensation in damages is deemed inadequate Damages, for the purposes of the last section in case of the detention quate. of any of the following articles: 1. Family relics, ornaments' or heirlooms," such as ancient gems, medals, coins, statues, busts, paintings, portraits and the like;" 2. Curious antiquities and other curiosities;* 3. Works of art by old or distinguished artists; 4. Deeds, muniments of title,' account books, and other papers of peculiar value; |