Public-domain · open source
OpenJurist

4 Johns. Ch. 21

Storm v. Mann

New York Court of Chancery

Decided January 25, 1819

New York Court of Chancery · decided 1819-01-25

THE bill stated that John Young was the original patentee of lot No. 55, in Hannibal, in the county of Oswego. That the plaintiff purchased the lot of Young, on the 5th of November, 1810. That the plaintiff is in possession of the south half of the lot; and the defendant, not having any lawful title to the possession of the same, has been for a long time, and is now, in possession of the north half of the lot, i. e. of 300 acres.

Good law ✅— No negative treatment on recordhow we know

Decided 1819-01-25

How this case has been cited

Cited by 6 later decisions — most recently June 1916

3 state decisions

3018191820183018401850186018701880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

The Chancellor.

¶1The title appears to be disputed; for the defendant has been in possession for a long time, and has joined issue with the plaintiff at law, on the question of title, and the action is still pending undetermined. Under these circumstances, I do not feel myself authorized to grant the injunction.

¶2In Field v. Jackson, (Dickens, 599.) the Lord Chancellor held it to be a general rule, that when the right was doubtful, the court would not grant an injunction. So, in a case before Lord Eldon, (Pillsworth v. Hopton, 6 Ves. 51.) an injunction to restrain waste was not granted against a defendant in possession, claiming by an adverse title. If the plaintiff, in his bill, states such a claim on the part of the defendant, he states himself out of court, as to the injunction. In the present case, the bill does state to that effect, when it states that the defendant has been a long time in possession, and has joined issue with the plaintiff in ejectment. I must know the result of that issue at law before I can interfere.

¶3Motion denied.

/4/johnsch/21 · .json · Public domain