Law v. Wilgees
U.S. Circuit Court for the District of Wisconsin
[This was a bill in equity by George W. Law against Samuel Wilgees.] (1) The chancery jurisdiction to restrain waste has grown up in England, while the statute of Gloucester, 6 Edw. I. c. 13, provides another remedy. 1 Fonbl. Eq. 31, and note; 3 Bl. Comm. 225. (2) Complainant has us good a right to this remedy as a mortgagee, and that they are entitled thereto. Farraut v. Lovel, 3 Atk. 723; Brady v. Waldron, 2 Johns.
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[This was a bill in equity by George W. Law against Samuel Wilgees.] (1) The chancery jurisdiction to restrain waste has grown up in England, while the statute of Gloucester, 6 Edw. I. c. 13, provides another remedy. 1 Fonbl. Eq. 31, and note; 3 Bl. Comm. 225. (2) Complainant has us good a right to this remedy as a mortgagee, and that they are entitled thereto. Farraut v. Lovel, 3 Atk. 723; Brady v. Waldron, 2 Johns. Ch. 148. (3) The power is discretionary with the court, and it is exercised in cases of waste, when no action at law would lie. Kane v. Vanderburgh, 1 Johns. Ch. 11; Eden, Inj.…
1Opinion of the Court
MILLER, District Judge.
The plaintiff alleges that he obtained judgment against this defendant, Samuel Wilgees, in. the district •court of the United States, and thereupon issued an execution and levied on certain lands in his bill described, which he purchased at the sale of the marshal made by virtue of said writ, for the sum of $4,000, and that the said marshal gave him a certificate of sale according to law; that the said lands are pine-timbered lands, and that much of its value consists in the timber; and that he believes that if the pine and other trees should be felled, or cut down, or…
2Cases cited4 opinions
- Boyd & Suydam v. Hoyt & ParselNew York Court of Chancery · 1835
- Talbot v. ChamberlinNew York Court of Chancery · 1831
- Storm v. MannNew York Court of Chancery · 1819
- Bank of Utica v. MessereauNew York Court of Chancery · 1839