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Needham Hemingway v. Foster D. Preston

Michigan Court of Chancery1845-03
1 Walk. Ch. 528

Authorities cited

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Opinion

majority opinion

The Chancellor.

The injunction does not require Preston to do any act, but to refrain from doing certain acts. It is wholly negative in its character, and was intended, as is manifest from its language, to prevent him from disturbing or molesting the actual possession or occupancy of complainant; and nothing more. It was not designed to dispossess defendant, or to turn him out of possession, and put complainant in.

Motion denied, with $5 costs to defendant.