B. R. Browning & Son v. Lavender
Supreme Court of North Carolina
Equity — Injunction—Cloud upon Title. — Jurisdiction. This was a civil actior, pending in Halifax Superior Court, heard before MacRae, J., at Chambers on 6th February, 1889, upon a notice to show cause why an order restraining the defendants from selling certain land should not be continued till the final hearing of the cause.
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Equity — Injunction—Cloud upon Title. — Jurisdiction. This was a civil actior, pending in Halifax Superior Court, heard before MacRae, J., at Chambers on 6th February, 1889, upon a notice to show cause why an order restraining the defendants from selling certain land should not be continued till the final hearing of the cause. The 'cause was heard upon complaint, answer and exhibits, from which the following facts appear: On the 4th of February, 1834, B. A. Lavender and Margaret T. Alston, in consideration of a marriage, soon thereafter solemnized between them, executed a marriage contract,…
1Opinion of the CourtAvery, J.
(after stating the facts). It is familiar learning that, where a party has "an adequate remedy at law, a court of equity will not grant extraordinary relief by way of injunction. When, therefore, the aid of the Court is invoked to enjoin a sale of land, on the ground that it will cast a cloud , on the title of plaintiff in possession of the land, and it is apparent from the admitted facts that a purchaser at such sale could not assert title derived from it, without bringing an action for possession against the complainant and raising thereby every question involved in the controversy as to…
2Cases cited3 opinions
- Busbee v. . MacYSupreme Court of North Carolina · 1881
- Murray v. . HazellSupreme Court of North Carolina · 1888
- Southerland v. . HarperSupreme Court of North Carolina · 1880
3Cited by5 opinions
- McNamee v. . AlexanderSupreme Court of North Carolina · 1891
- Bostic v. . YoungSupreme Court of North Carolina · 1895
- McArthur v. . GriffithSupreme Court of North Carolina · 1908
- Lancaster v. Asheville St. Ry. Co.U.S. Circuit Court for the District of Western North Carolina · 1898
- Farthing v. CarringtonSupreme Court of North Carolina · 1895