106 HIGH COURT OF. CHANCERY.

tion of which can scarcely be reconciled with the forbearance
professed in the answer.

The Chancellor is fully sensible of the inviolable force of
contracts, and unless parties are entrapped in making them, or
they are brought about by fraud, surprise, mistake, or accident,
their obligations must be performed.

The agreement upon which the judgment in the ejectment
case was rendered, appears to me to be a valid and binding en-
gagement. The parties made it, and they must stand by it.
It is true the answer says, that Hill, the defendant in that action,
waived it; but the bill alleges, that this Hill was the mere ser-
vant of the corporation, and but a nominal defendant, and that
the cause was conducted by counsel employed by the trustees,
and that it was in fact their suit—the agreement being signed
by their counsel, and the counsel of Green.

This averment of the bill not being denied by the answer,
must, upon all questions relating to the injunction, be regarded
as true; and surely if true, then a waiver by Hill of the agree-
ment, cannot be allowed to prejudice the parties by whom it
was made.

If, as is intimated in the petition now under consideration,
the defendant, Green, has gone further than was required by the
injunction, and has not only forborne to interfere with the use
and enjoyment of the property by the professors, but has actu-
ally surrendered a possession previously held by him—then he
has done that which the court did not command him to do, and
for which he has no right to ask for redress at its hands. It
was a voluntary act on his part, and of the same character as
the act of Hill, the nominal defendant in the ejectment, in waiv-
ing, as alleged, the benefit of the agreement.

The Chancellor has not fully considered, and therefore does
not mean now to decide, how far this court has the power to
order a restoration of possession of rights, supposing them to
have been surrendered under circumstances like those attend-
ing this case. No authority for the application has been pro-
duced, and it is believed that none can be readily found.

In the light in which this application presents itself to me,