A demurrer for that the plaintiffs have not entitled them- Demurrer to a bill to have a will established, and to per- petuate the testimony of witnesses, and praying A demurrer put in by three defendants to a bill exhibited against them and others, for several and distinct matters that have no relation to each other, and wherein they are not interested, Demurrer to a bill for an injunction, for want of equity, Interrogatories for examining of witnesses, for proving of a deed and bond, and other matters relating to an estate in possession of the defendant, Interrogatories for the examination of witnesses, on be- A seaman died intestate; a bill brought by an only sister A TREATISE, &c. JURISDICTION. Special Contents. I. The Object of the Court of Chancery. II. Its Concurrent Jurisdiction. III. Its General Jurisdiction. IV. Its Special Jurisdiction. 1. Object of the Court of Chancery. THE original object and intention of instituting this court was to supply the defects of the common law, and its jurisdiction extends to all cases, in which the common law affords no relief at all, or not that relief which equity and natural justice requires. 2. Concurrent Jurisdiction. This court has concurrent jurisdiction with courts of common law in all matters of account.(a) So a complainant may come into this court, not only to compel the defendant to account, but also for the sole purpose. of having his own account allowed. (b) It has also jurisdiction when the remedy at law is doubtful. (c) (a) Ludlow v. Simond, 2 Caines' Cas. in Error, 1. Post v. Kimberly, 9 Johns. Rep. 470. in Error, 1. (c) Ludlow v. Simond, 2 Caines' Cas in Error, 1. Rathbone v. Warren, 10 (b) Ludlow v. Simond, 2. Caines' Cas. Johns. Rep. 587. If the subject matter of the bill be such as the court may take cognizance of, a contract, &c. If the defendant does not demur to the jurisdiction, but answers, he cannot afterwards take advantage of the objection. (d) When chancery gains jurisdiction of a cause for one purpose, it may retain it generally. (e) 3. General Jurisdiction. The general jurisdiction of this court appears to divide itself into three branches, fraud, trust, and accident. But specific performance of agreements, portions, powers, wills, devises, legacies, executors, and administrators, form a considerable class of cases which come within its jurisdiction, with many other cases, for the relief of which the courts of common law have made no provision. Where a statute gives to certain persons a discretion in a particular case, and for a particular purpose, a mistake of judgment in that case cannot be reviewed and corrected by the court. (f) The court of chancery has jnrisdiction in awarding partition. (g) Where the litigation at law as to title is oppressive, this court has jurisdiction. (h) The court of chancery has power to order a bond or other instrument to be delivered up to be cancelled, whether such instrument is or is not void at law, or whether it be void on the face of it, or by matters shown by proofs in the cause. (i) (d) Ludlow v. Simond, 2 Caines' Cas. in Error, 1. (e) Rathbone v. Warren, 10 Johns. Rep. 587. (f) Haight and others v. Day et al. 1 Johns. Ch. Rep. 18. (g) Wilkin and others v. Wilkin, Johns. Ch. Rep. 117. (h) Nicholl v. The trustees of Huntington, 1 Johns. Ch. Rep. 166. (i) Hamilton v. Cummings, ibid. 517. In like manner the court of chancery ordered a bond to be delivered up conditioned to pay a certain sum, and on which a certain suit at law was pending; and the obligor had a good defence arising from matter dehors the bond. (j) Where the intention is manifest, this court will always relieve against mistakes in agreements. (k) When the court of chancery has acquired cognizance of a suit, for the purpose of discovery on injunction, it will in most cases of account, if in full possession of the merits, retain the suit in order to do complete justice between the parties, and to prevent useless litigation and expense. (1) After judgment or execution and sale under a mortgage bond, the court will not open the account on the mortgage, though there be some degree of irregularity in the accounts, if, from the whole, they appear to be finally closed. (m) Where a party, in an action at law, had notice of a defence in time to avail himself of it, but neglected to do so, he will not be allowed to litigate the matter in chancery, but is for ever concluded by the judgment. (n) The court of chancery will not relieve a party, on the ground of his having proceeded to trial at law without sufficient evidence, when it was in his power to have obtained the evidenc by bill of discovery. (0) Where bail having become fixed at law, are, under (j) Ibid. (k) Wiser v. Blachly, 1 Johns. Ch. Rep. 607. (1) Armstrong v. Gilchrist, 2 Johns. Cas. 424. (m) Bloodgood v. Zeily, 2 Caines' Cas. 124. (n) Le Guen v. Gouveneur & Kemble, 1 Johns. Cas. 436. (o) M'Vickar v. Wolcott, 4 Johns. Rep. 510. |