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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 488   View pdf image (33K)
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488 CORRIE'S CASE.

pending in this court. Had they acted under a claim of title other
than that of the defendant, their conduct, so far as regards this
proceeding, must have been considered as entirely justified. Their
ignorance of the act committed by them having been prohibited by
an injunction of this court, and of its having any injurious bearing
upon the matter in litigation in this suit, may be heard in mitiga-
tion of the wrong; but it cannot be deemed a justification of their
conduct. A pragmatic trespasser subjects himself to all the conse-
quences of his acts, as well in an action at common kw, as on an
attachment in this court, (m) I cannot make the defendant Gilbert
Murdock pay the costs and take down the fence, because he is
entirely innocent; and it would be highly unjust to throw the costs
and the trouble of doing so upon the plaintiff William Brewer,
because he is the party grieved. I shall, therefore, cast the whole
upon these two trespassers.

Whereupon, it is Ordered, that Gilbert Murdock be and he is
hereby discharged with his costs. And it is further Ordered, that
the said William Murdock and Zachariah Johnson be, and they are
hereby commanded and required, without delay, to take down and
remove the fence erected by them, as stated in the proceedings,
and to pay all the costs of this proceeding, to be taxed by the
register, and to stand committed until the said costs are fully paid.

CORRIE'S CASE.

The jurisdiction of the Chancellor as to infants and lunatics.—In all cases where the
jurisdiction of the ordinary tribunals falls short, the Chancellor may, on petition
without suit, appoint a guardian to an infant; and provide for his education and
maintenance, and the management of his estate.—But under a habeas corpus, the
judicial authority extends no further than to the discharge of a citizen from illegal
restraint.—The several kinds of personal incapacity to contract.—The state is bound
to take care of all its own citizens; particularly infants, lunatics and paupers.—
Every one is permitted to remove his property out of the state at pleasure.—The
property of a debtor or deceased person, may be detained in the country where it
is found, for the benefit of his creditors there residing, or of the state, in opposi-
tion to any foreign administration or bankrupt, or insolvent laws.—Land is go-
verned by the law of the country in which it is situated.—The succession to
personal property, on intestacy, is regulated by the law of the deceased owner's
last domicil.—The contract of marriage, if valid where made, is, with few excep-
tions, valid every where; but the right to personal property, as a consequence
thereof, is regulated by the domicil of husband and wife.—The appointment by

(m) Childrens v. Saxby, 1 Vern. 207.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 488   View pdf image (33K)
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