Anonymous (1747) 3 Atk 567
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1747 |
| Date | 01 January 1747 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 1127
HIGH COURT OF CHANCERY
Case 213.-Sir edward smith -versus aykwell, the same day in Michaelmas Term, 1747. The plaintiff gave the defendant a note for 2000 for undertaking to procure him a marriage with a Lady ; the fact being supported by an affidavit, the court made an order on the defendant to keep the note in his own possession, and not assign or indorse it over, but would not extend the injunction so far as to prevent him from proceeding at law. Mr. Yorke moved for an injunction to restrain the defendant either from bringing an action on a promissory note given by the plaintiff to the defendant in the sum of two thousand pounds, for undertaking to procure him a marriage witn a Lady, or that the defendant may be prevented from assigning it over to any other person. Lord Chancellor. This is not the common case for injunctions, which are for staying of waste, or quieting possession before the hearing to the party, who has had the same three years, on a bill brought upon a forcible entry ; but yet the court, on extraordinary circumstances in a case, has granted an injunction till appearance and coming in of the answer, as in the case of Powis versus Andrews before Lord 'King, where an insolvent executor was getting in the assets before probate; there the court restrained him, and directed it to be paid into the...
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