Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

TREATISE, &c.

JURISDICTION.

Special Contents.

1. The Object of the Court of Chancery.
II. Its Concurrent Jurisdiction.

III. Its General Jurisdiction.

IV. Its Special Jurisdiction.

1. Object of the Court of Chancery.

THE original object and intention of instituting this court was to supply the defects of the common law, and its jurisdiction extends to all cases, in which the common law affords no relief at all, or not that relief which equity and natural justice requires.

2. Concurrent Jurisdiction.

This court has concurrent jurisdiction with courts of common law in all matters of account.(a) So a complainant may come into this court, not only to compel the defendant to account, but also for the sole purpose of having his own account allowed. (b)

It has also jurisdiction when the remedy at law is doubtful. (c)

(a) Ludlow v. Simond, 2 Caïnes3 Cás. in Error, 1. Post v. Kimberly, 9 Johns. Rep. 470.

în Error, 1.

(c) Ludlow v. Simond, 2 Caines' Cas. in Error, 1. Rathbone v. Warren, 19

(b) Ludlow v. Simond, 2. Caines' Cas. Johns. Rep. 587.

If the subject matter of the bill be such as the court may take cognizance of, a contract, &c. If the defendant does not demur to the jurisdiction, but answers, he cannot afterwards take advantage of the objection. (d) When chancery gains jurisdiction of a cause for one purpose, it may retain it generally. (e)

3. General Jurisdiction.

The general jurisdiction of this court appears to divide itself into three branches, fraud, trust, and accident. But specific performance of agreements, portions, powers, wills, devises, legacies, executors, and administrators, form a considerable class of cases which come within its jurisdiction, with many other cases, for the relief of which the courts of common law have made no provision.

Where a statute gives to certain persons a discretion in a particular case, and for a particular purpose, a mistake of judgment in that case cannot be reviewed and corrected by the court. (ƒ)

The court of chancery has jnrisdiction in awarding partition. (g)

Where the litigation at law as to title is oppressive, this court has jurisdiction. (h)

The court of chancery has power to order a bond or other instrument to be delivered up to be cancelled,, whether such instrument is or is not void at law, or whether it be void on the face of it, or by matters shown by proofs in the cause. (i)

(d) Ludlow v. Simond, 2 Caines' Cas, in Error, 1.

(e) Rathbone v. Warren, 10 Johns. Rep. 587.

(f) Haight and others v. Day et al. 1 Johns. Ch. Rep. 18.

(g) Wilkin and others v. Wilkin, Johns. Ch. Rep. 117.

(h) Nicholl v. The trustees of Huntington, 1 Johns. Ch. Rep. 166. (i) Hamilton v. Cummings, ibid. 517.

In like manner the court of chancery ordered a bond to be delivered up conditioned to pay a certain sum, and on which a certain suit at law was pending; and the obligor had a good defence arising from matter dehors the bond. (j)

Where the intention is manifest, this court will always relieve against mistakes in agreements. (k)

When the court of chancery has acquired cognizance of a suit, for the purpose of discovery on injunction, it will in most cases of account, if in full possession of the merits, retain the suit in order to do complete justice between the parties, and to prevent useless litigation and expense. (1)

After judgment or execution and sale under a mortgage bond, the court will not open the account on the mortgage, though there be some degree of irregularity in the accounts, if, from the whole, they appear to be finally closed. (m)

Where a party, in an action at law, had notice of a defence in time to avail himself of it, but neglected to do so, he will not be allowed to litigate the matter in chancery, but is for ever concluded by the judgment. (n)

The court of chancery will not relieve a party, on the ground of his having proceeded to trial at law without sufficient evidence, when it was in his power to have obtained the evidenc by bill of discovery. (0)

Where bail having become fixed at law, are, under

[blocks in formation]

the equity of the case, entitled to be discharged, chancery will grant a perpetual injunction to an action on the recognizance. (p)

An injunction will always be granted to secure the enjoyment of statute privileges, of which the party is in the actual possession, unless the right be doubtful. (g)

So also will an injunction lie to restrain the owners of a steam boat, built in opposition to the right of certain persons, to whom the legislature of this state granted the exclusive right to navigate the steam-boats within the waters of this state. (r)

A bill may be filed in the court of chancery for the purpose of preventing a multiplicity of suits at law, and to have the title tried and finally settled by one suit. (s) Mere inadequacy of price is not of itself a ground for relief. (1)

The acts of an infant, done even with the consent of his guardian, will be relieved against, if to the prejudice of the infant. (u)

In the case of a sale of lands, held adversely, equity will not interfere, either to compel the vendor to refund the purchase money, or to enjoin him from prosecuting his action for it against the vendee, but will leave the parties to pursue their remedies, if any they have, at law. (v)

Where law gives a priority equity will not destroy it. (w)

Where a creditor applies by petition, and not by bill, so as to bring in the other judgment creditors, the mas

[blocks in formation]

ter must determine the priority of the record, and cannot resort to proof aliunde, unless it be the voluntary confession of any prior judgment creditor that his debt has been satisfied. (x)

An indemnity against a mere parol receipt and agreement will not be decreed to be given by one party to the other. (y)

Where a partnership was dissolved in 1774, without a settlement of accounts, and all the partners were since dead, a bill brought in 1794 by the representatives of one of the partners, against the representatives of the other, was dismissed by the chancellor, on the ground of its being a stale demand, and on an appeal the dismissal was affirmed. (8)

Specific Performance.

A court of equity will decree a specific performance of a contract of the sale of land, if the vendor is able to make a good title at any time before the decree is pronounced; but the dismissal of a bill to enforce a specific performance in such a case is a bar to a new bill for the same object. (a)

The inability of the vendor to make a good title at the time the decree is pronounced, though it form a specific ground for refusing a specific performance, will not authorize a court of equity to rescind the agreement in a case where the parties have an adjudged remedy at law for its breach. (b) ·

The alienage of the vendee is an insufficient ground to entitle the vendor to a decree for rescinding a contract for the sale of lands, though it may afford a rea-.

(*) Idem.

(y) Lynch v. De Viar, 3 Johns. Cas. 503.

(a) Ray y. Bogert, 2 Johns. Cas, 432.

(a)1 Wheat. 195. Hepburn & Duudas v. Dunlop & Co.

(b) Ibid, 197,

« ΠροηγούμενηΣυνέχεια »