Camp v. Bates
Supreme Court of Connecticut
This was a bill in chancery for an injunction against waste. The bill stated, that the defendant was indebted to the plaintiff, by sundry promissory notes, to a large amount; that the plaintiff had brought a suit on those notes, which was still pending in the superior court, and had attached sundry parcels of real estate belonging to the defendant; that there was a large quantity of young wood and timber growing on such land, which constituted the chief value thereof and the…
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This was a bill in chancery for an injunction against waste. The bill stated, that the defendant was indebted to the plaintiff, by sundry promissory notes, to a large amount; that the plaintiff had brought a suit on those notes, which was still pending in the superior court, and had attached sundry parcels of real estate belonging to the defendant; that there was a large quantity of young wood and timber growing on such land, which constituted the chief value thereof and the principal security for said debts ; that the defendant was utterly insolvent; that ever since the attachment, he has…
1Opinion of the Court
Williams, Ch. J.
The question submitted to the court, in this case, is, whether a person having a debt against another, secured by note, and who has attached the real estate of that debtor to secure this debt, can obtain an injunction to prevent wanton waste to the property thus attached, when the debtor is insolvent.
On the part of the defendant, it is claimed, that the debtor has an estate of inheritance in the property : that the creditor has no legal interest in it; that it is uncertain whether he will ever obtain one ; that his debt may be disputed, or it may be paid, or he may not choose…
2Cases cited2 opinions
- Company for Erecting & Supporting a Toll Bridge v. Connecticut River Co.Supreme Court of Connecticut · 1828
- Lacey v. TomlinsonSupreme Court of Connecticut · 1811
3Cited by11 opinions
- Garner v. CuttingSupreme Court of Iowa · 1871
- Montanaro v. Aspetuck Land Trust, Inc.Connecticut Appellate Court · 2012
- Slater v. GunnMassachusetts Supreme Judicial Court · 1898
- Jones, Lee & Co. v. BrittonSupreme Court of North Carolina · 1889
- Crandall v. GallupSupreme Court of Connecticut · 1837
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