Legal Opinion

Hall v. Fisher

New York Court of Chancery

Decided August 25, 1845PublishedCited by 5 opinions

This was an application to dissolve an injunction upon bill and answer. The object of the bill was to compel the defendant H. Fisher to release to the complainant the equal and undivided fourth of certain ore beds in Essex county. ' The lot upon "which 'the ore beds were situated" originally belonged to H. Fisher; who, in-Octbber, 1837, óonveyed"to"Joseph Halhattd Ephraim Hall the undivided one fourth of the ore beds Upon the lot, together with the -privilege of necessary…

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This was an application to dissolve an injunction upon bill and answer. The object of the bill was to compel the defendant H. Fisher to release to the complainant the equal and undivided fourth of certain ore beds in Essex county. ' The lot upon "which 'the ore beds were situated" originally belonged to H. Fisher; who, in-Octbber, 1837, óonveyed"to"Joseph Halhattd Ephraim Hall the undivided one fourth of the ore beds Upon the lot, together with the -privilege of necessary roads, to and from the ore beds, and such timber, -fee. as might be necessary in digging and conveying away the ore; with…

1Opinion of the Court

The Chancellor.

The injunction was clearly wrong, so far as it restrained the defendant H. Fisher from instituting any proceeding in equity to compel an account and payment of the profits of the one fourth of the ore beds which are in controversy. For if the complainant had an equitable defence to such a suit, it was perfectly competent for him to set it up in answer to a bill filed by the adverse party for such an account. And even if it was necessary to set aside the sheriff’s deed, as improperly executed after a valid and effectual redemption of the premises, that object could have been…

2Cited by5 opinions

  1. Hall v. FisherNew York Supreme Court · 1849
  2. Pond v. . HarwoodNew York Court of Appeals · 1893
  3. Buffalo Chemical Works v. Bank of CommerceNew York Supreme Court · 1894
  4. McHenry's PetitionNew York Supreme Court · 1878
  5. Williams v. ThrallWisconsin Supreme Court · 1918

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