Public-domain · open source
OpenJurist

1 Walk. Ch. 528

Hemingway v. Preston

Michigan Court of Chancery

Decided March 15, 1845

Michigan Court of Chancery · decided 1845-03-15

The injunction was granted on January 24th, 1845, and, on the same day, served on defendant, commanding him “ absolutely to desist and refrain from making any conveyance of, or creating any incumbrance or lien whatever upon,” certain premises described in the writ; and that he should “absolutely refrain and desist from any interference whatever with the said land, real estate and premises, or the appurtenances to the same in anywise belonging,” until the further order of the…

Decided 1845-03-15

The Chancellor.

¶1The injunction does not require Preston to do any act, but to refrain from doing certain acts. It is wholly negative in its character, and was intended, as is manifest from its language, to prevent him from disturbing or molesting the actual possession or occupancy of complainant; and nothing more. It was not designed to dispossess defendant, or to turn him out of possession, and put complainant in.

¶2Motion denied, with $5 costs to defendant.

/1/walkch/528 · .json · Public domain