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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 Law Times - Page 5
1873
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Acts of the Parliament of South Australia

South Australia - Law - 1878 - 398 pages
...cause or matter, to prevent any threatened or apprehended waste or 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 of title or otherwise, or (if out of possession)...
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The Supreme Court of Judicature Act, 1873: With Rules of Procedure ..., Page 941

Great Britain, Thomas Preston - Civil procedure - 1873 - 244 pages
...cause or matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted, if the Court shall think fit, whether the...title ; and whether the estates claimed by both or by either of the parties are legal or equitable. Sec. 25 continued.] Damages by Collisions at Sea....
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Parliamentary Papers, Volume 5

Great Britain. Parliament. House of Commons - Great Britain - 1873 - 604 pages
...cause or 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, ยป. 25,...
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The Central Law Journal, Volume 9

Law - 1879 - 540 pages
...cause or 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 Supreme Court of Judicature Acts 1873 and 1875: With the Rules, Orders ...

William Downes Griffith - Civil procedure - 1875 - 700 pages
...cause or matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted, if the Court shall think fit, whether the...title ; and whether the estates claimed by both or by either of the parties are legal or equitable. (9.) In any cause or proceeding for damages arising...
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The New System of Practice and Pleading Under the Supreme Court of ...

Sir William Thomas Charley - Civil procedure - 1875 - 754 pages
...cause or matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted, if the Court shall think fit, whether the...title ; and whether the estates claimed by both or by either of the parties are legal or equitable. Damages by Collisions at Sea. (9.) In any cause or...
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The Law and Practice of the Supreme Court of Judicature

Arundel Rogers - Civil procedure - 1875 - 592 pages
...cause or matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted, if the Court shall think fit, whether the...title; and whether the estates claimed by both or by either of the parties are legal or equitable. The mode of applying fur an order under this section...
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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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