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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 9   View pdf image (33K)
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CASES DECIDED
IN THE
HIGH COURT OF CHANCERY
OF MARYLAND.
WALSH v. SMYTH.
No injunction can be granted to stay proceedings at law between the same parties,
without bond and surety, by the plaintiff in equity to the plaintiff at law, to pro-
secute the suit in equity with effect. Where the suit abates by the death of the
plaintiff, the injunction not being thereby dissolved, a dissolution can only be
obtained by notice to the representatives of the deceased; or, if they are non-
residents, or unknown, by notice entered on the docket; or in a coarse of pro-
ceeding between the surviving parties, the suit not having been noticed for some
time by the representatives of the deceased.
Where in pursuance of a contract for the sale of land, several bonds were given for
the payment of the purchase money, they were regarded as one contract; and the
consideration, on being impeached, having been sustained in favour of a respond-
ing defendant, it was held., to enure to the benefit of a defendant against whom,
for not answering on warning by publication, the bill might have been taken pro
confesso. But although as regards an inseparably joint cause of suit, a good de-
fence by one defendant must enure to the benefit of all; yet, as regards plaintiffs,
where there is a ground of relief available for all, the neglect of any one to take
advantage of it, will not prevent any others of them from benefiting by it.
The nature of an amended bill; how leave to amend may be obtained; and in what
manner the amendment should be made. On an application for a rehearing, it is
not enough to shew that injustice has been done, but that it has been done under
circumstances which authorize the court to interfere. The prayer of the petition
for a rehearing can be no farther regarded than as it may injuriously affect the
interests of the petitioner.
THIS bill was filed by Robert Walsh and Stephen Casenave
against Thomas Smyth, Jr. John Blanton, John F. Gardner, Freeman
Lewis, Thomas Gilbert, Benjamin Chew, John Heathcote, James
Dall, Isaac Wikoff, James Clayland, William Cox, Joseph Anthony
and Son, and the heirs of John Lynch.
The bill states, that Smyth and Lynch, pretending to be entitled
to a large quantity of land in the state of Georgia, their title to
which, they represented to be wholly unencumbered, and also
2 v.3


 
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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 9   View pdf image (33K)
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