Equity Jurisdiction, Torts; A Collection of Cases with Notes (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER III. TRESPASS TO REAL PROPERTY.1 SECTION 1.?BY PUBLIC PERSONS AND PUBLIC AND PRIVATE CORPORATIONS. HUGHES v. TRUSTEES OF MODERN COLLEGE. In Chancery, Before Lord Chancellor Hardwicke, 1748. 1.Vesey, Sr.'s, Reports, 188. The trustees had agreed with the commissioners of the turnpike, to let them dig gravel in land, which they had leased to the plaintiff for twenty-one years; and which he had turned into a garden. The commissioners entered, took possession, dug up the legumens planted, set a value on them, and made a satisfaction, which the plaintiff accepted. The plaintiff moved for an injunction, to restrain further digging; which was refused; because he had not made the commissioners parties: which having amended, he now moved it again. Lord Chancellor. What the fruit of this injunction will be, or whether it will be too late to stop the mischief done, I know not: but the question is, whether there is not a case made by the plaintiff sufficient for an injunction; and there clearly is. This court, as well as other courts of justice, will certainlygive great allowance to the acts of the commissioners of the turnpike; and will not interpose to censure them, unless in a plain case; but not where there is any ground of doubt, whether they had authority or no; for then the court will not interpose, till that doubt is removed, and the matter finally determined at law. But no such doubt is here; the plaintiff's right, and his remedy here, being plain to me, though not to the defendant's. 1 Includes cases in which the plaintiff claims title and denies the defendant's right to possession, irrespective of whether he or the de- is in possession of the land. Excludes trespass to easements. The turnpike act, and all these relating to highways, except...