Eldridge v. Hill
New York Court of Chancery
[ * 282 ] THE bill stated, that the plaintiff is seised in fee of lot No. 13, in Young’s patent, in Sharon, in Schoharie county, and that he, and those under whom he holds, have been in possession for upwards of twenty years. That the defendant Hill possesses lot No. 41, adjoining it, under the defendant Murray. That Wm. Honey, who possessed lot No. 41, about six or seven years ago, erected a carding machine, within a few feet of the line between them.
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[ * 282 ] THE bill stated, that the plaintiff is seised in fee of lot No. 13, in Young’s patent, in Sharon, in Schoharie county, and that he, and those under whom he holds, have been in possession for upwards of twenty years. That the defendant Hill possesses lot No. 41, adjoining it, under the defendant Murray. That Wm. Honey, who possessed lot No. 41, about six or seven years ago, erected a carding machine, within a few feet of the line between them. That an ancient stream runs through lot 41, to and through lot 13. That the machine was not placed on the stream, but at some distance, and…
1Opinion of the Court
The Chancellor.
[ * 283 ]
A bill of peace, enjoining litigation at law, seems to have been allowed only in one of these two cases; either where the plaintiff has already, satisfactorily, established his right at law, or where the persons who controvert it are so numerous as to render an issue, under the direction of this Court, indispensable to embrace all the parties concerned, and to save multiplicity of suits. (Lord Bath v. Sherwin, 1 Bro. P. C. 266. Ewelme v. Andover. 1 Vern. 266. Leighton v. Leighton, 1 P. Wms. 671. Trustees of Huntington v. Nicholl, 3 Johns. Rep. 566. Tenham v. Herbert, 2…
2Cited by26 opinions
- Jerome v. RossNew York Court of Chancery · 1823
- Poyer v. Village of Des PlainesIllinois Supreme Court · 1887
- Baker v. HullNew York Court of Appeals · 1929
- Moses v. Mayor of MobileSupreme Court of Alabama · 1875
- State v. . R. R.Supreme Court of North Carolina · 1907
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