Ehrenstrom v. Phillips
Court of Chancery of Delaware
Petition for Leave to Intervene in a Suit for Specific Performance. On April 13th, 1910, Charles H. Ehrenstrom filed a bill against George W. Phillips for the specific performance of an agreement for the sale of land, alleging, among other things, that the defendant entered into an ageeement for the sale of the same property to Daniel Cauffiel and was about to make a conveyance of the property to him.
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Petition for Leave to Intervene in a Suit for Specific Performance. On April 13th, 1910, Charles H. Ehrenstrom filed a bill against George W. Phillips for the specific performance of an agreement for the sale of land, alleging, among other things, that the defendant entered into an ageeement for the sale of the same property to Daniel Cauffiel and was about to make a conveyance of the property to him. On April 19th, 1910, Daniel Cauffiel presented a petition in the cause alleging that after making the alleged agreement with Ehrenstrom, George W. Phillips, the defendant, on March 23d, 1910,…
1Opinion of the Court
The Chancellor:
Whether Cauffiel is or is not a proper party defendant, I am quite clear he has no right to intervene upon his own petition to be admitted as a party defendant against the objection of the complainant. The rule seems to be quite .clear that the complainant may select persons whom he will make defendants to his bill. If it appears that -he has made improper parties, or has failed to make a party defendant a person who is a necessary party, the Court may, even on its own motion, or upon the application of the persons who are parties to the bill, decline to proceed further. In…
2Cases cited4 opinions
- Ex parte PrintupSupreme Court of Alabama · 1888
- Searles v. Jacksonville, P. & M. R.United States Circuit Court for the Northern District of Florida · 1873
- Coleman v. MartinU.S. Circuit Court for the District of Southern New York · 1868
- Drake v. GoodridgeU.S. Circuit Court for the District of Southern New York · 1868
3Cited by12 opinions
- Muller v. CooperSupreme Court of Georgia · 1928
- Davis v. WardeSupreme Court of Georgia · 1923
- Leaver v. K. & L. Box & Lumber Co.District Court, N.D. California · 1925
- Wagner v. EustathiwCalifornia Supreme Court · 1915
- Briz-Ler Corp. v. WeinerCourt of Chancery of Delaware · 1961
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