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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 69   View pdf image (33K)
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STRIKE'S CASE. 69

to rest its judgment. In this case, the validity and sufficiency of
the plaintiffs claim, are the very foundations of the decree; without
that claim having been proved or admitted, no such decree ought,
or could have been rightfully made. It does, therefore, necessarily
and conclusively establish the plaintiff's claim; and consequently,
that claim cannot now, in this stage of this cause, be again, in any
manner, put in controversy. This is the first point settled by this
decree.

The decree then proceeds to remove obstructions, and to grant
facilities. The deeds, which are the impediments complained of,
are declared to be null and void; or, in other words, as between
the plaintiffs and defendants, they are totally annihilated. Whatever
validity or operation they may be permitted to have, as between
Rogers and Strike, they can have none at all, "as against the
complainants." In relation to them, this property is to be dealt
with as if those deeds had never existed. This is the second
point settled by this decree.

But it would have come to a most lame and impotent conclusion
had it stopped here; therefore, after having determined, that the
plaintiffs had a claim, which ought to be satisfied; and, that they
had a right to have recourse to this property, it goes on to declare,
that the property shall be sold, and the proceeds brought in to be
paid over as the court should direct. And this is the third point
settled by this decree. So far, then, the matters in controversy
between these parties have been finally closed; and this decree must
be regarded, as all others of a similar nature have been, as a final
decree; one in which all the material rights of the parties have
been considered and adjudicated upon.

But the decree speaks of further directions, and of equities
reserved; and it has omitted to say any thing of certain incidents
to those rights which it had finally settled. As to all these parti-
culars this decree yet remains to be fulfilled and executed. When
a case, circumstanced like this, is brought before the court, it is
spoken of as a case for further directions; and this phrase is used
in reference to all cases, where, after the final decree, as in this
instance, a further and eventual interposition of the court becomes
necessary, to follow out and complete the equity, the substance of
which has been established by the final decree. These further
directions are spoken of in this decree, and in all similar decrees
of this court, and of the English Court of Chancery; but in
giving them, the court must act consistently with itself; and in

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 69   View pdf image (33K)
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