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3 Va. 132

Baldwin v. Darst

Supreme Court of Virginia

Decided July 15, 1846

Supreme Court of Virginia · decided 1846-07-15

Hugh Paxton, late of the comity of Rockbridge, by his will directed his estate to be equally divided among his six children; of whom Margaret, the wife of Cornelius C. Baldwin, was one. The real estate consisted of two tracts, one containing about three hundred acres of land well improved, and upon which there was a valuable tavern house, the other tract contained about 80 acres of wood land of little value.

Decided 1846-07-15

Cabell, P.

¶1delivered the opinion of the Court.

¶2The Court is of opinion that the Court below erred in not dissolving the injunction, at the first hearing of motion made for that purpose, and also in continu¡ng the injunction till the termination of the lease, and then dissolving it at the costs of the appellant; this Court being clearly of opinion that the injunction ought never to have been granted. The decree is therefore reversed with costs; and this Court proceeding to pronounce such decree as the Court below ought to have pronounced, it is adjudged, ordered and decreed, that the injunction be dissolved, and the bill dismissed with costs.

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