Catholic Bishop v. Chiniquy

Citations

• 74 Ill. 317

Syllabus

<p>1. Chancery jurisdiction—enjoining ejectment suit. A court of equity has no jurisdiction to enjoin the prosecution of an action of ejectment on the ground that the conveyance relied on by the plaintiff is absolutely void for want of delivery and acceptance, or if delivered, it was procured through threats and duress, the defense being complete at law.</p> <p>2. Same—grounds for enjoining suit at law. The indispensable basis upon which a defendant to an action at law may resort to a court of equity to restrain the prosecution of such action is, that he has some equitable defense, of which a court of law cannot take cognizance, either by reason of want of jurisdiction, or from the infirmity of legal process.</p> <p>3. Injunction — of action at law. An application to enjoin a suit at law concedes the plaintiff’s strict legal right to recover, but is based upon the fact that the defendant has equities calling for the interference of the court, as clear as the legal right it seeks to control.</p> <p>4. Where an action of ejectment is sought to be enjoined on the ground that the plaintiff’s deed was never delivered and accepted so as to pass the legal title, a court of equity cannot be invested with jurisdiction to so declare by an allegation that the deed was subject to a trust which the plaintiff is attempting to pervert.</p>