Rutherford v. Stewart

This is a proceeding by injunction to restrain defendants from taking and using certain brick made by Helflin & Sheperdson on a tract of land owned by plaintiff. Helflin & Sheperdson agreed to manufacture brick and pay Rutherford for the use of the ground, and gave him a mortgage to secure him the price they were to pay and for certain advancements of money for them, upon one kiln of bricks, to contain 100,000 bricks. This kiln, the only one embraced by this mortgage, was sold by the mortgageor, with the consent of plaintiff, and, therefore, need not be further considered.

Afterward, on the…