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· 7/15/1830

Hughlett v. Harris

Citations

  • 1 Del. Ch. 349

Syllabus

<p>A judgment creditor, having obtained an injunction to restrain the commission of waste upon lands which were subject to the lien of his judgment, afterwards and pending the injunction purchased the premises at sheriff’s sale in execution of the judgment. Held, that the party committing the waste was not liable in equity to account to the purchaser for the waste committed prior to the purchase.</p> <p>A title to the land at the time of waste committed is necessary in order to sustain the right to an account for the waste.</p> <p>The principle that where an injunction is granted to restrain a wrong, equity will give full relief in order to prevent a multiplicity of suits, is limited to cases in which there exists a right in equity to relief for the wrong already done, independently of the pendency of an injunction to prevent future wrong.</p>

Judges: Johns

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