Legal Opinion

Bank of Chenango v. Cox

New Jersey Court of Chancery

Decided October 15, 1875Published

Bill to foreclose. Motion to modify injunction, so as to confine it to future waste from the time when it was issued.

1Opinion of the Court

The Changellok.

The question presented on this motion is, whether an injunction should be granted at the suit of the- mortgagee, to prevent the removal from the mortgaged premises of timber trees cut down in waste of the security before the service oí' the injunction. Such injunctions will, sometimes, be granted, but only under special circumstances. Watson v. Hunter, 5 Johns. Ch. R. 169; Spear v. Cutter, 5 Barb. 486 ; Johnson v. White, 11 Barb. 194; Winship v. Pitts, 3 Paige 259; Ensign v. Colburn, 11 Paige 503; Emmons v. Hinderer, 9 C. E. Green 39; High on Injunctions, § 428. Where the…

2Cases cited4 opinions

  1. Winship v. PittsNew York Court of Chancery · 1831
  2. Spear v. CutterNew York Supreme Court · 1849
  3. Ensign v. ColburnNew York Court of Chancery · 1845
  4. Johnson v. WhiteNew York Supreme Court · 1851

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