Ennis v. Smith

The Chancellor.

The case is before the Chancellor on a petition of a mortgagee against his mortgagor and another to prevent an impairment of the security by the cutting of timber on the mortgaged premises. By special statute, upon petition of a mortgagee, the Chancellor may award an injunction to restrain waste upon the mortgaged premises. This act is only an affirmance of a jurisdiction theretofore possessed by the Court of Chancery, the form of the application for the remedy being by petition instead of a bill, though the proceedings in the suit subsequent to the bill follow as though the…