Russell v The London, Chatham and Dover Railway Company
| Jurisdiction | England & Wales |
| Judgment Date | 16 July 1863 |
| Date | 16 July 1863 |
| Court | High Court of Chancery |
English Reports Citation: 66 E.R. 763
HIGH COURT OF CHANCERY
[403] russell v. the london, chatham and dover eailway company. July 16, 1863. Motion by a Defendant, before decree, to restrain a Co-defendant from prosecuting an action, or to stay all proceedings in the suit on an affidavit that the relief sought by the bill and by the action was identical: Refused with costs. The Defendants, the London, Chatham and Dover Railway Company, moved to restrain two Co-defendants from prosecuting an action which they had commenced against the company, or, in the alternative, that all proceedings might be stayed. By an indenture of settlement, dated the 18th May 1854, and made between the Defendant, John Scott Russell, of the first part; the Defendant, Harriette Scott Russell, of the second part; and the Defendants, George Wynne and Francis Fuller, of the third part; it was declared that a sum of 3000 should be held by G. Wynne and F. Fuller upon certain trusts for the benefit of Mr. John Scott Russell and 764 RUSSELL V. LONDON, CHATHAM AND DOVEK ELY. CO. 4GIFF.4M; Harrietts, his wife, during their joint lives, and after the decease of the survivor upon such trusts for the child or children of the marriage as they should jointly appoint, and in default of appointment in trust for all the children in equal shares. Under a power in the settlement the 3000 was laid out upon the security of a second mortgage of a piece of land in the parishes of Beckenham and Lewisham, with a dwelling-house and buildings thereon, and by another settlement, dated the 3d February 1855, and made between the same parties, the same land, dwelling-house and buildings were settled by Mr. John Scott Eussell upon trusts similar to those declared by the indenture of 1854, concerning the sum of 3000. The settlement contained a power for the trustees, with the consent of Mrs. Eussell...
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