Duvall v. Waters
High Court of Chancery of Maryland
This bill was filed, on the 26th of February 1827, by Charles Duvall, against Nathan Waters, Nathan I. Waters, and Samuel Ratcliff.
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This bill was filed, on the 26th of February 1827, by Charles Duvall, against Nathan Waters, Nathan I. Waters, and Samuel Ratcliff. It alleged, that Samuel Peach had obtained -a judgment at law against Nathan Waters upon which he had sued out a fieri facias, by which the lands in question were taken and sold, as the property of the defendant Nathan Waters; and this plaintiff became the purchaser; that Nathan Waters had, with intent to defraud his creditors, without any valuable consideration, previously conveyed those lands to the defendants Nathan I. Waters and Samuel Ratcliff. Whereupon it…
1Opinion of the Court
Bland, Chancellor.
The motion to dissolve the injunction standing ready for hearing, the solicitors of the parties were heard and the proceedings read and considered.
It has been urged, in support of this motion, that this was not merely and properly a case of waste, but an injunction, in restraint of trespass, granted at the instance of a plaintiff who claimed title; which title had been directly and positively denied by the defendants. And that according to the well established law of this court, as deduced from the English authorities, no such injunction could be granted or continued where…
2Cases cited14 opinions
- Barney v. Patterson's LesseeCourt of Appeals of Maryland · 1824
- Williamson v. CarnanCourt of Appeals of Maryland · 1829
- Berry v. GriffithCourt of Appeals of Maryland · 1828
- Waters v. DuvallCourt of Appeals of Maryland · 1834
- Boring's Lessee v. LemmonCourt of Appeals of Maryland · 1821
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