Jackson v. Norton

Citations

• 6 Cal. 187

Syllabus

<p>An injunction will not lio to restrain the collection of a judgment against the plaintiff, on the ground that the judgment was for a balance of purchase money of land under covenant for a good title, while in fact the grantor had no title, as long as the purchaser against whom the judgment was taken, and who seeks to enjoin it, remains in possession.</p> <p>The fact that suit in ejectment has been commenced against the judgment debtor by the real owner, does not entitle him to enjoin the judgment. He can only avail himself of the covenants of his grantor when he has been evicted, unless he offers to surrender the land to his grantor.</p> <p>Neither does the allegation that the purchaser (plaintiff in equity,) has put valuable improvements on the land, and that he has paid a portion of the purchase money, and that his grantor and judgment creditor is insolvent and without visible property, take the case out of the rule. ^</p>