the equity of the case, entitled to be discharged, chancery will grant a perpetual injunction to an action on the recognizance. (p) An injunction will always be granted to secure the enjoyment of statute privileges, of which the party is in the actual possession, unless the right be doubtful. (g) So also will an injunction lie to restrain the owners of a steam boat, built in opposition to the right of certain persons, to whom the legislature of this state granted the exclusive right to navigate the steam-boats within the waters of this state. (r) A bill may be filed in the court of chancery for the purpose of preventing a multiplicity of suits at law, and to have the title tried and finally settled by one suit. (s) Mere inadequacy of price is not of itself a ground for relief. (t) The acts of an infant, done even with the consent of his guardian, will be relieved against, if to the prejudice of the infant. (u) In the case of a sale of lands, held adversely, equity will not interfere, either to compel the vendor to refund the purchase money, or to enjoin him from prosecuting his action for it against the vendee, but will leave the parties to pursue their remedies, if any they have, at law. (v) Where law gives a priority equity will not destroy it. (w) Where a creditor applies by petition, and not by bill, so as to bring in the other judgment creditors, the mas ter must determine the priority of the record, and cannot resort to proof aliunde, unless it be the voluntary confession of any prior judgment creditor that his debt has been satisfied. (x) An indemnity against a mere parol receipt and agreement will not be decreed to be given by one party to the other. (y) Where a partnership was dissolved in 1774, without a settlement of accounts, and all the partners were since dead, a bill brought in 1794 by the representatives of one of the partners, against the representatives of the other, was dismissed by the chancellor, on the ground of its being a stale demand, and on an appeal the dismissal was affirmed. (8) Specific Performance. A court of equity will decree a specific performance of a contract of the sale of land, if the vendor is able to make a good title at any time before the decree is pronounced; but the dismissal of a bill to enforce a specific performance in such a case is a bar to a new bill for the same object. (a) The inability of the vendor to make a good title at the time the decree is pronounced, though it form a specific ground for refusing a specific performance, will not authorize a court of equity to rescind the agreement in a case where the parties have an adjudged remedy at law for its breach. (b) The alienage of the vendee is an insufficient ground to entitle the vendor to a decree for rescinding a contract for the sale of lands, though it may afford a rea son for refusing a specific performance as against the vendee. (c) But if the parties have not an adjudged remedy at law, the vendor may be considered as trustee for whoever may become purchasers under a sale by order of the court, for the benefit of the vendee. (d) Under what circumstances a specific performance will or will not be decreed. (e). A bill to obtain a specific performance, and of an alledged agreement to receive a quantity of cotton at a specified price, in satisfaction of certain judg ments at law, dismissed under the circumstances of the case. In England the courts of equity will not generally entertain a bill for specific performance of contracts for the sale of chattels, or merchandize, but leave the parties to their remedy at law. (f) A bill to obtain a conveyance of a tract of land in Kentucky, held by the defendants as the property of the original grantee, confiscated to the state, and claimed by the plaintiffs, under an equity arising from the sale made by the original grantee of another tract of land, to which it was alledged he previously supposed himself legally entitled, under the same warrant and survey, dismissed. (g) It is an universal rule in equity that he who asks for a specific performance, must be in a condition to perform himself, therefore in a suit for a specific performance of a contract, by conveying lands in Ohio, stipuulated to be conveyed as the consideration for other lands sold in Kentucky, it was held that the vendor (c) 1 Wheat. 198: (d) Ibid, 200. (e) Ibid, 203. (f) Ibid, 154. note, Barr v. Lapsley. (g) The Trustees of Transylvania University, 1 Wheat. 432. being unable to make a title free from encumbrances to the lands sold in Kentucky, was not entitled to a decree for specific performance. (h) Vendee not obliged to take a defective title, but may elect to have compensation, by deduction from the purchase money, in case of a mistake or misrepresentation as to the quantity or quality, or the estate of the vendor in the property sold, and a specific performance as to the residue. (i) How much time is material in the enforcing a specific performance. (j) In what cases the court will direct an issue of quantum damnificatus, or a reference to a master, to ascertain the damages, where a specific performance is required, but the party is entitled to damages. (k) In order to obtain a specific performance of a contract, its terms should be so specified that neither party can reasonably misunderstand them. If the contract be vague and uncertain, or the evidence to establish it be insufficient, a court of equity will not enforce it, but will leave the party to his legal remedy.(1) The plaintiff who seeks for a specific performance of an agreement, must show that he has performed, or offered to perform on his part, the acts which formed the consideration of the alledged undertaking on the part of the defendant. (m) Cases where a court of equity will not claim the specific performance of agreements, for want of certainty. (n) The court will, if practicable, execute an uncertain agreement, by rendering it certain. (0) 4. Special Jurisdiction. This court has special jurisdiction given it by several acts of the legislature in extension of its powers. By the act of 5th of April, 1815, the chancellor may permit a corporation in certain cases to sell real estate. (p) By the act of the 13th of April, 1813, he may direct the mode of trial in cases of adultery. (q) By the act of the 25th of January, 1814, he is to receive and report certain revenue in cases of religious corporations acquiring additional property. (r) By the act of the 9th of April, 1814, he may direct sales to be made of the real estate of infants for their maintainance in certain cases and the specific performance of contracts relative to lands. (s) By the act of the 24th of April, 1815, he may direct the sale of lands, and appoint guardians for infants. By the act of the 17th of April, 1815, he is authorized to make orders relative to the custody and education of children on the separation of their parents. [u] By the act of the 2d of April, 1814, he may cause the minutes of the court to be transcribed. [v] By the act of the 15th of April, 1814, he may cause an additional seal for the Middle District. [w] By the act of the 15th of April, 1814, he is authorized to designate taxing masters. idem. [x] (o) Ibid. (p) 2 R. L. 218. ■ 11. (q) 2 R. L. 197. 1 K. & R. 93. (r) 3 R. L. b. 7. 1 K. & R. 342. s. 9. V. N. & W. 2, 217. (8)3R. L. c. 103. s. 1. |