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" Court shall think fit, whether the person against whom such injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any... "
The Proceedings in an Action in the Queen's Bench, Common Pleas, and ... - Page 29
by Samuel Prentice - 1877 - 335 pages
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Acts of the Parliament of South Australia

South Australia - Law - 1878 - 398 pages
...trespass, such order may be made if the Court shall think fit, whether the person against whom such order is sought is or is not in possession under any claim...under any colour of title, and whether the estates PABT n. Supreme Court Act. — 1878. claimed by both or by either of the parties are legal or PARI...
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The Law Times, Volume 55

Law - 1873 - 512 pages
...matter, to prevent any threatened or apprehended waste or trespass, such injunction maybe granted if the court shall think fit, whether the person against...title, and whether the estates claimed by both or either of the parties are legal or equitable." The latter part of this paragraph of the section is...
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Parliamentary Papers, Volume 5

Great Britain. Parliament. House of Commons - Great Britain - 1873 - 604 pages
...matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted, if the Court shall think fit, whether the person against whom such injunction is sought is or 35 is not in possession under any claim of title or otherwise, or (if out of possession) does or does...
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The Law and Practice of the Supreme Court of Judicature, Comprising the ...

Wynne E. Baxter - Civil procedure - 1874 - 452 pages
...such injunction is sought, is or ia not in possession under any claim of title or otherwise, or (b) if out of possession does or does not claim a right...sought to be restrained under any colour of title, and (c) whcther the estates claimed by both or by either of the partics are legal or equitable, ». 25,...
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The Central Law Journal, Volume 9

Law - 1879 - 540 pages
...matter, to prevent any threatened or apprehended waste or trespass, such injunction may I* granted, if the court shall think fit, whether the person against whom such injunction is sought, is or i* not In possession under any claim of title or otherwise, or (if out of possession) does, or does...
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The Law of Fixtures: With Reference to Real Property and Chattels of a ...

Standish Grove Grady - Building laws - 1876 - 698 pages
...Judicature is authorised to grant an injunction to prevent any threatened or apprehended waste or trespass, whether the person against whom such injunction is...claim of title or otherwise, or (if out of possession) claims or does not claim a right to do the act sought to be restrained under any colour of title. See...
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A Manual of the Prevalence of Equity: Under the 25th Section of ..., Volume 863

Charles Francis Trower - Courts - 1876 - 164 pages
...and if so, might be committed as well by a person in privity of estate as by an entire stranger. [C.] "Whether the Person against whom such Injunction is...Possession under any claim of Title or otherwise" This part of the sub-section has evident reference to, and was doubtless suggested by, the anomalous...
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The Judicature Acts, 1873 and 1875: Containing the Statutes, Rules of Court ...

John Mounteney Lely, William Decimus Inglett Foulkes - Court rules - 1877 - 700 pages
...matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted, if the court shall think fit, whether the person against...sought to be restrained under any colour of title ; aud whether the estates claimed by 1 Now, commencement, ie 1st November, 1875; m Act ol 1875, «....
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The New System of Practice and Pleading Under the Supreme Court of ...

Sir William Thomas Charley - Civil procedure - 1877 - 1210 pages
...matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted, if the Court shall think fit, whether the person against...sought is or is not in possession under any claim or title or otherwise, or (if out of possession) does or does not claim a right to do the act sought...
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The Practice of the Supreme Court of Judicature and of the House of Lords on ...

Charles Locock Webb - Procedure (Law) - 1877 - 898 pages
...matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted, if the Court shall think fit, whether the person against whom such injunction is sought is or * not in possession under any claim of title or otherwise, or (if ont of possession) does or does not...
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