
    [Present, Chancellors Rutledge and Mae shall.]
    NOVEMB. 1801.
    Thomas Smith vs. John E. Poyas.
    
      A devisee For life restrained from cutting down the woodland ofthe estate, and from planting the new grounds.
    Restrained also from using- the timber for any other purposes than fuel, fencing, &c.
    Devisee for life, bound to contribute one fourth of the expence for repairing the buildings
    Commissioners to estimate and report the expence of necessary repairs.
    Tenant for life to deliver up title deeds to devisee in fee.
    BY a decree' of this court given in June, 1788, (vide 1st vol. of these reports, page 156,) it was decided that Mrs. Poyas was entitled together with her sisters, under her fathers will and a codicil thereto, to a residence on his Goose Creek plantation, and to plant thereon, during their lives, after which the estate was to go to the complainant in fee simple.
    Mr. and Mrs. Poyas believing themselves entitled to clear the woodlands, and to plant the new land, began, to clear and to plant'according to their own opinion of their rights.
    The complainant being of a different opinion filed his bill in this Court, to obtain an injunction restraining them from clearing the wood land, and planting the new grounds ; and to restrain them generally in the use of the timber; and to oblige the defendants to keep the buildings in repair. At the hearing, the fact of the clearing the wood land was established ; and indeed the defendants insisted on their right to do so.
   After the cause was argued, Chancellor Rutledge1 delivered the decree of the court.

It is ordered and decreed that the defendant be enjoined and restrained from committing further waste on the plan-tati'on or tract of land in bill mentioned, by cutting down the trees or clearing the oak land or felling the trees Oí? the pine timber land, except what may be necessary for fuel or other plantation use, or fencing in the fields. The injunction not to extend to old fields cleared or plant* e¿ jn the lifetime of testator. That complainant and defendant each make choice, of one person who shall choose a third to examine the state or condition of the dwelling and out houses on the plantation, and estimate the sum that will be necessary to put them into tenantable repair, and make their return thereof to this Court, by the first day of the next term. That the defendant be chargeable and liable for one fourth part of the expence of repairing the said huildings, and forthwith repair the same, as far as the expence with which he is chargeable, may' extend. Also that defendant do forthwith deliver to complainant-all the title deeds'and grants for the said land, which he has in his possession. And lastly, that the costs of suit be paid by defendant.

Desaussure and Fobjd, Ward and Parker fot Complainant. Pringle for defendant.  