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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 656   View pdf image (33K)
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656 INDEX.—1 BLAND.

INJUNCTION.—Continued.

10. Where the equity of the bill appears to be doubtful, or where the
nature of the subject enjoined is such as to require a hearing with-
out delay, &c. the Chancellor, in granting the injunction specifies
the time and terms upon which a motion for a dissolution may be
heard. Ib.

11. On a motion to dissolve an injunction on the coming in of the answer,
the facts only as set forth in the answer are to be considered as es-
tablished, not the opinions or reasoning of the party; and therefore,
where a defendant insisted upon a claim to a certain amount, ac-
cording to certain proceedings which, of themselves, showed that it
could not have amounted to so much; it was held, that the facts so
shown by the defendant himself could not be overruled by any thing
he had alleged as being, in his opinion, a correct conclusion of law
from them. Chase v. Manhardt, 311.

12. Where there is an agreement to allow for payments, or a verdict has
been taken by surprise or mistake, it furnishes a ground for the in-
terference of a Court of equity; but if the mistake can be corrected
in this Court, a new trial at law will not be ordered. Ib.

13. Where it is admitted by the answer, that there still remains a dispute
between the parties, the injunction is always continued until the
final hearing. Ib.

14. On a motion to dissolve an injunction, objections of every kind to the
answer may he made, and are then in order: and it is a general rule,
that if the facts on which the equity of the injunction rests are de-
nied, the injunction must be dissolved; otherwise it must be continued
to the final hearing. Gibson v. Tilton, 348.

15. The penalty of an injunction bond to stay proceedings ab law should
be at least double the amount of the debt and interest then due.
Billingslea v. Gilbert, 531.

16. On its being shewn, that the dissolution of an injunction has been

irregularly and improperly obtained it may he revived. Ib.
See ABATEMENT AND REVIVOR, 6.
WASTE, 6-12.

INTEREST.

See DEBTOR AND CREDITOR, 18-21.

JUDGMENT.

1. A judgment against an executor or administrator is no evidence
against the heirs; against whom the claim must be authenticated
as if no such judgment existed. Dorsey v. Hammond, 436.

3. An absolute judgment against an executor or administrator is con-
clusive evidence against him of a sufficiency of personal assets in his
hands. Ib.

See EXECUTION, 4, 5.

LAND OFFICE.

The origin of the land office, considered as a branch of the Chancery
office; the jurisdiction of the Judges of the land office, under the
Proprietary Government, and of the Chancellor, at present, in rela-
tion to proceedings in the land office. Cunningham v. Browning, 280.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 656   View pdf image (33K)
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