Wilds v. Layton
Court of Chancery of Delaware
Bill eor an injunction to restrain Waste.—This was a motion ex parte for an injunction to restrain waste by the over-tilling of land. The case, as set forth in the bill, was as follows: J ohn Wilds died indebted to sundry persons by whom judgments were recovered . against his administrator, Thomas Wallace.
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Bill eor an injunction to restrain Waste.—This was a motion ex parte for an injunction to restrain waste by the over-tilling of land. The case, as set forth in the bill, was as follows: J ohn Wilds died indebted to sundry persons by whom judgments were recovered . against his administrator, Thomas Wallace. Among other judgments was one recovered by John Fisher in the Court of Common Pleas for Kent County, December 7th, 1818, for $74.98 ; and also .another judgment recovered by John Denny and James Tribbet, in the same Court, May 8th, 1821, for $82.44. Writs of fieri facias were issued upon…
1Opinion of the Court
Rid&ely, Chancellor,
granted the order, assigning the following reasons, viz:—I am of opinion that it would be waste to till the farm contrary to the established rotation of crops on it, and contrary to the usage of that part of the country. I also think that the tillage complained of was contrary to good husbandry; but more especially was it improper, as on the elegit the price and extent had been made with a view to this established rotation of crops. Whatever tends to the destruction of the inheritance, or to its depreciation in value, is considered by the law as waste; and waste may be…
2Cited by2 opinions
- Camden Trust Co. v. HandleSupreme Court of New Jersey · 1942
- Dill v. DillCourt of Chancery of Delaware · 1914