Equitable Guarantee & Trust Co. v. Hukill
Court of Chancery of Delaware
Injunction Bill. On November 10, 1875, Letitia L. Green purchased from Joshua B. Fennimore certain land situate in the town of Middletown and gave to him a bond and mortgage for the full amount of the purchase price thereof. Through sundry assignments the said bond and mortgage were assigned to the trustees under the will of Victor Green, and are now held by The Equitable Guarantee and Trust Company, the present trustee under said will by appointment of the Chancellor.
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Injunction Bill. On November 10, 1875, Letitia L. Green purchased from Joshua B. Fennimore certain land situate in the town of Middletown and gave to him a bond and mortgage for the full amount of the purchase price thereof. Through sundry assignments the said bond and mortgage were assigned to the trustees under the will of Victor Green, and are now held by The Equitable Guarantee and Trust Company, the present trustee under said will by appointment of the Chancellor. Subsequent to the purchase of the premises Letitia L. Green leased a portion of the lands from year to year from January 1st,…
1Opinion of the Court
The Chancellor.
The point involved' is whether-" a mortgagee cári' enjoin the removal of buildings elected for a trade or business purpose iipon the mortgaged premises by *91authority of the lessor, who was also the mortgagor, given to the lessee under a lease made subsequent to the mortgage, and by the terms of which the lessee had a right to sever and remove the buildings during the term, which has not yet expired but is still continuing and unsurrendered.
It does not appear whether the value of the security for the mortgage debt will be depreciated by the removal below that which existed when…
2Cases cited19 opinions
- Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
- Binkley v. ForknerIndiana Supreme Court · 1889
- McFadden v. . AllenNew York Court of Appeals · 1892
- Belvin v. Raleigh Paper Co.Supreme Court of North Carolina · 1898
- Meagher v. HayesMassachusetts Supreme Judicial Court · 1890
14 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Smith v. BushSupreme Court of Oklahoma · 1935
- In re the Receivership of Frederica Water, Light & Power Co.Court of Chancery of Delaware · 1915
- Wilmington Suburban Water Corp. v. Board of Assessment for New Castle CountySuperior Court of Delaware · 1972
- Wilmington Suburban Water Corp. v. Board of Assessment for New Castle CountySupreme Court of Delaware · 1973
- Martindale v. Bowers Beach Corp.Court of Chancery of Delaware · 1922
1 more not listed; retrieve them via the Exa API.