A Treatise on the Law of Injunctions Volume 1

A Treatise on the Law of Injunctions Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...with actual notice of the occupancy and interest of the railway company in the lands.22 And in conformity with the doctrine of implied trusts, ejectment against a corporation may be restrained where plaintiff in the action has acted for the corporation, and where, though taking the title in his own name, he is considered in equity as a trustee for the company.23 So when a vendor of lands recovers judgment against the purchaser for the unpaid purchase money, and it is then agreed between the parties that the father of the purchaser shall pay the judgment and take a conveyance of the premises directly from the original vendor, whose unrecorded deed to the original purchaser is to be given up and canceled, and the arrangement so made is carried out accordingly, but the first purchaser then brings ejectment against his father, the action may properly be enjoined.24 And where ejectment is brought by heirs against a purchaser of lands of the deceased at a void probate sale made by his administrator, the purchaser having paid the purchase money to the administrator, who has distributed it in good faith among the creditors of the deceased, while equity will not enjoin the prosecution of the action of ejectment by the heirs, it may properly restrain the execution of the judg ment by taking possession, until the purchase money has been refunded.25 21 Ferguson v. Bobo. 54 Miss., 24 Reavis 1: . Reavis, 50 Ala, 60. 121. 25 Hill 0. Billingsly, 53 Miss., 111. 22 Detroit & M. R. Co. 1;. Brown, See also Gaines 12. Kennedy, 53 37 Mich., 533. Miss., 103.:8 Big Mountain Iron Co.'s Appeal, 54 Pa. St., 361. 419. Prior jurisdiction of equity ground for injunction. It is also regarded as an appropriate exercise of the preventive jurisdiction of equity...
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Product details

  • Paperback | 378 pages
  • 189 x 246 x 20mm | 671g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236748506
  • 9781236748508