Brady v. Waldron
Brady against Waldron and Waldron
Brady v. Waldron, 2 Johns. Ch. 147 (1816)
Headnotes
An injunction lies against a mortgagor, in possession of the mortgaged premises, to stay waste.
Summary
THE bill was filed by the plaintiff, a mortgagee, for an injunction to stay waste in cutting timber on the mortgaged premises, whereby the land would become an insufficient security for the debt. There was no suit pending for a foreclosure.
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Opinion of the Court
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The Chancellor.
An injunction lies against a mortgagor in possession to stay waste. The Court will not suffer him to prejudice the security. (Dick. Rep. 75. 3 Atk. 210. 237. 3 Vesey, 105.)
Injunction granted.
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