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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 469   View pdf image (33K)
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MURDOCK'S CASE. 469

that a copy of this order, together with a copy of the foregoing
petition, be served on the said Elizabeth on or before the 18th
instant.

After which the matter standing ready for hearing, and the soli-
citors of the parties having been heard, and no sufficient cause
having been shewn why the prayer of the petition should not be
granted, it was on the 30th of March, 1829, Ordered, that an in-
junction issue commanding the said Elizabeth to deliver posses-
sion of the property to the said William Brewer. Which not hav-
ing been obeyed, a habere facias possessionem was awarded, and
he was put into possession. Afterwards the auditor stated an
account, which was finally ratified on the 22d of October, 1829,
from which it appeared, that there was still a balance of the mort-
gage debt left unpaid by the proceeds of the sales.

After this case had been thus terminated as against Elizabeth
Murdock, William Brewer, on the 20th of April, 1830, filed his
bill against Gilbert Murdoch, in which Brewer stated, that under
the before mentioned decree of the 2d of October, 1826, and order
of the 9th of February, 1828, he had purchased and become seized
of the tract of land in those proceedings mentioned; that this de-
fendant Gilbert Murdoch had erected, and persisted in continuing
to erect, a fence, so as to include a part of the land so purchased
by him, this plaintiff; and that he had brought an action of tres-
pass quare clausum fregit against Gilbert Murdoch to recover
damages for the trespass so committed, which action was still de-
pending. Upon which he prayed for an injunction to prohibit the
defendant 'from continuing the said fence, and enjoining him to
remove the said fence already erected;' and for such other relief
as the nature of the case might require. To this bill there was
subjoined an affidavit of the plaintiff in the usual form. Upon
which it was submitted.

2Oth April, 1830.—BLAND, Chancellor.—The plaintiff prays for
an injunction of a more extensive operation than can now be
granted. He asks not merely, that things may be preserved in
their present condition, but that some things which have been done
may be undone: in other words, he asks the court now, and at
once, to put forth in his behalf its remedial as well as its conser-
vative powers.

But before imputed wrong can be removed, or any thing like
60 v.2

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 469   View pdf image (33K)
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