Grafton v Griffin
| Jurisdiction | England & Wales |
| Judgment Date | 09 March 1830 |
| Date | 09 March 1830 |
| Court | High Court of Chancery |
English Reports Citation: 39 E.R. 130
HIGH COURT OF CHANCERY
(jrafton -a. grlkfin. March 6, 9, [18;50]. Where the Plaintiff' has by tortioua means got into possession of property, pending a suit to establish his equitable title to it, the Court will not stay legal proceedings against him for the recovery of possession. The will of a testator contained the following clause :-" I direct that the present tenant of the said copyhold and premises, or any of his children desirous of being continued therein, be suffered to hold and keep the said premises, upon payment of the present rent and the taxes and levies which the said present- tenant has been accustomed to pay ; and also all after taxes and levies to be assessed on the said premises, or any part thereof, during the time he or they shall respectively be tenant or tenants of the same ; upon entering into proper agreements not to commit any waste, or do any damage to the said estates by sowing the same with flax, hemp, or woad, or by any other means whatsoever." Mr. Knight, on behalf of the Plaintiff's, who were the daughters of the first tenant, and one of whom was a married woman, moved for an injunction to stay proceedings in an action of ejectment brought by the Defendant, the landlord, which stood for trial at the next assizes. He made the application on the ground that the interest of the Plaintiffs was a trust only, not furnishing a good defence at law, and that as the married woman was not able strictly to fulfil the condition by entering into proper covenants, equity would interfere to modify and regulate the devise, and relieve her from a forfeiture. [337] the vice-chancellor [Sir L. Shad well] had refused the motion. the solicitor-general [Sugden] and Mr. Wakefielcl opposed the application, contending that the devise was void for uncertainty, or at all events was exhausted by the tenant and his son having successively had the benefit of it; Greenwood v. Tyler (Hob., 314); that the defence, if good, might be used at law; and that the conduct of the Plaintiffs in turning out...
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McPhail v Persons, Names Unknown; Bristol Corporation v Ross
...(1807). But the passage is obscurely worded. And 1 am satisfied that a Court of equity would never intervene in aid of a wrongdoer. In Grafton v. Griffin (1830) 1 Russell & Mylne's Reports Ch. 336, where sore claimants had wrongfully turned a widow out of a house and got possession of it, L......
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Ap Guaman Sivil No Da-21Ncvc-2-02-2017 Persatuan Peniaga Kecil Pasar Pp v Mdpp Dan 2 Lg Tt
...squatters to resist an order of possession illegally acquired; it will never intervene in aid of wrong-doers. (See Grafton v. Griffin 39 ER 130). We would like to say this at once about squatters. The owner is not obliged to go to the Courts to obtain an order of He is entitled, if he so wi......