Anonymous (1752) 2 Ves Sen 414
| Jurisdiction | England & Wales |
| Judgment Date | 04 July 1752 |
| Date | 04 July 1752 |
| Court | High Court of Chancery |
English Reports Citation: 28 E.R. 265
HIGH COURT OF CHANCERY
2 VES. SEN. 415. ANONYMOUS 265 , July 4:, 1752. Where a question is one determinable at law, and no obstacle or inconvenience in trying it, a court of equity will not interpose by injunction. In this case an injunction to stay the use of a market was refused. A right cannot be established against all persons under a mere bill for an injunction. Motion for injunction to stay the use of a market set up by defendant Brown. Lord Chancellor refused it, saying this was a most extraordinary attempt, of which he never knew an instance before. The plaintiff has several remedies : there may be a scire facias in the name of the crown to repeal letters patent granting a market to the prejudice of his market, as being too near thereto ; or without the aid of the crown he may have a common action upon the case for the prejudice to his market (Note : A. bill to be quieted in possession, by one who possessed a watercourse for sixty years, was allowed, against a mortgagee who foreclosed the equity of redemption, though the title at law was not established. Free. Ch. 530; Vide 1 Vern. 120, 129 ; 2 Atk. 302 ; 3 Atk. 726 ; 1 Ves. sen. 476. In these latter cases an injunction was refused, till the title was established at law); whereas the plaintiff comes originally into this court for this injunction. What great confusion would it cause to bring all the persons who use this market [415] into contempt upon the injunction; and to what purpose. (See Hanson v. Gardiner, 7 Ves. 305, 309, &c.) If in any case this court ought to interpose, it would be after the title was established at law ; which is not done here, though there are so many means of doing it...
To continue reading
Request your trial
-
Moore and Others v Attorney-General and Others (No. 3)
... ... several fishery and to the bed and soil underlying the said waters; (2) a declaration that, at the date of the coming into operation of the ... ...
-
Soltau v De Held
...more than twenty-eight minutes in the whole twenty-four hours : Mitf. Plead. 168, et seq., Lord Teynham v. Herbert (2 Atk. 483), Anon. (2 Ves. sen. 414), The Fishmongers' Company v. The East India, Company, Weller v. Smeaton (1 Cox, 102), The Att.-Gen. v. Cleaver (18 Ves. 211), Crowder v. T......
-
Hemphill v M'Kenna
...HEMPHILL and M'KENNA. Maple v. Verson 1 Howard, Eq. Exch. 316. Anonymous caseENR 2 Ves. sen. 414. Joley v. Stockly 1 Hog. 247. Biddulph v. MolloyUNK 2 Ir. Eq. Rep. 228. Whitelegg v. WhiteleggUNK 1 B. C. C. 57. Morris v. Kelly 1 J. & W. 481. Rex v. BarrENR 4 Camp. 16. Hoare v. PeckENR 6 Sim.......