Thompson v. Lynam
Court of Chancery of Delaware
Petition fob an Injunction.—This was an application ex parte, in vacation, for an injunction to stay waste, founded upon a petition of Allan Thompson, setting forth, that certain lands had been sold by the Sheriff of Hew Castle County, under a writ of Levari Facias, Ho. 8, to March T. 1819, in execution of a judgmentin Scire Facias on a mortgage recovered in the Supreme Court for Kent county, by George Latimer and others, against William Pryce; that the premises were…
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Petition fob an Injunction.—This was an application ex parte, in vacation, for an injunction to stay waste, founded upon a petition of Allan Thompson, setting forth, that certain lands had been sold by the Sheriff of Hew Castle County, under a writ of Levari Facias, Ho. 8, to March T. 1819, in execution of a judgmentin Scire Facias on a mortgage recovered in the Supreme Court for Kent county, by George Latimer and others, against William Pryce; that the premises were purchased by the petitioner on the 16th of January, 1819, at the Sheriff’s sale ; and that the premises were in the possession…
1Opinion of the Court
The petition was presented on the 26th of March, 1819. The Chancellor having held it under consideration until the 29th of March, awarded the injunction, assigning in his notes of the case, the following reasons :
It is a rule that a party applying for a writ of injunction to stay waste should have, or establish, a title to the place in which the waste is committed, before an injunction can be issued ; and in his affidavit the particular title should be set out. It is not sufficient to allege merely that the party is entitled to afee simple estate. 2 Atk. 391 : 4 Burr 2400 : 1 Brown Ch. Rep.…
2Cited by2 opinions
- Lancaster County v. FitzgeraldNebraska Supreme Court · 1905
- Ennis v. SmithCourt of Chancery of Delaware · 1911