Phillips v. Davis
Phillips v. Davis
Opinion of the Court
If there be any doubt about the judgment in this case, it .is ujxon the question whether an injunction should have been granted at all. Judgment had been obtained upon a mortgage of realty; it was regularly foreclosed; and the fi.fa. was levied some time after the foreclosure. Possibly there was equity in the bill, but it was sworn off by the answer. Equity will hesitate before enjoining a judgment at all, and the cases in which it is ever done are well defined. Kerr on Injunctions, chap. 3.
The terms are always in the discretion of the chancellor. Kerr, pp. 18-19.
Sometimes the chancellor, in a case like this, will require the money to be actually paid in court by the complainant before an injunction shall be directed in his favor. Kerr, p. 20.
The evidence before the chancellor in this case was conflicting, and he required the defendant in equity to secure the complainant, before he would permit the mortgage fi.fa. to proceed ; and to that end to give bond with good secu
The chancellor in our judgment, as he granted the injunction, was right to modify his order by allowing th&fi.f co-to proceed whenever Davis, the mortgage creditor, gave the bond and security.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.