THE BELLONA CO'S CASE.—3 BLAND. 435

ready for market; and that by a survey which had been made,
laying down the boundaries, as admitted, between the lands of
this defendant and the plaintiff, it clearly appeared, that the de-
fendant had committed no inauuer of waste or trespass whatever
on the lands of the plaintiff. Upon this answer, the defendant
gave notice of a motion to dissolve the injunction.

BLAND, C., 3d October, 1831.—The motion to dissolve the in-
junction standing ready for hearing, and having been submitted
on notes by the solicitors of the parties, the proceedings were read
and considered.

It is not intimated in this bill, that the plaintiff had instituted
a suit of any kind which was then depending, to establish his right
to the lands upon which the alleged wrong had been committed.
It is therefore quite clear, that this cannot be considered as one of
those cases in which an injunction is granted ro stay waste and
preserve the property pending a suit to try the title, or to ascer-
tain the true location of the land to which the alleged injury has
been done. And as it is not stated, that there is any privity of
title or estate between these parties, this can only be regarded as
a mere injunction to stay trespass alleged to have been committed
by a stranger; and hence, according to the well settled course of
this Court, in relation to cases of this kind, where the defendant,
as in this instance, positively denies all the facts of the imputed
wrong and injury as charged in the bill, the injunction must be
dissolved. Duval v. Waters, I Bland, 569.

Whereupon it is ordered, that the injunction heretofore granted
in this case, be and the same is hereby annulled and dissolved.

*THE BELLONA COMPANY'S CASE. 442

MOTION TO DISSOLVE INJUNCTION. — EXTINGUISHMENT OF CORPORATION.—
NUISANCE.—EMINENT DOMAIN.

On a motion to dissolve an injunction no ex parte affidavits can be read.

A motion to dissolve an injunction is confined to the consideration of the
statements of the bill, and the answer responsive thereto, (a)

A corporation constituted of many stockholders may be virtually extin-
guished by all the stock being owned by one.

A gunpowder manufactory not a nuisance, because of the loose manner in
which the edifices have been constructed.

The clause of an Act of incorporation which gives the power of eminent
domain to be construed strictly, but fairly.

(a) Cited in Sackett v. Hill, 2 Mich. 183; Coleman v. Hudspetter, 49 Miss.
566. See Salmon v. Clagett, ante, 135, note.