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620 THE CAPE SABLE COMPANY'S CASE,
into a court of law to confess a judgment, and thereby bind the
property more effectually than a mortgage.
The present complainants never had an opportunity to resist the
judgment; the manner it was rendered precluded them from assert-
ing their rights, they had no more opportunity to resist the entering
of the judgment than those whose equitable interests was protected
by this court, from judgment at law over which they had no power
or control. It cannot be supposed, that if this court can protect
an equitable interest from a judgment at law, it is precluded from
giving the same protection to a legal interest standing in need of
the same protection. In the case cited, as determined by Chan-
cellor HANSON, the legal interest in the land was vested in the
complainant when the injunction issued; he obtained a convey-
ance, founded on an equitable title, subsequent to the judgment;
and, of course, held the legal title in the land to which the injunc-
tion applied.
The injunction will continue until final hearing or further order.
If a speedy decision on the merits is desirable, on the answer of
Caton coming in, the cause may be ready for final hearing.
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After which these plaintiffs, on the 10th of June, 1824, filed a
third bill against The Cape Sable Company, Richard Caton, Robert
Oliver, Charles Carroll of Carrollton, Robert G. Harper, George
Slye, Samuel C. Love, Luke W, Barber and Thomas Barber; in
which they refer to and pray to have their two former bills made
parts of this. And they state, that since the judgment which had
been obtained in Anne Arundel County Court, on the 9th of
December, 1822, by Robert and John Oliver, John had died; that
this defendant Robert Oliver, his surviving partner, on the 26th
of May, 1824, by a combination with this body politic and its pre-
sident Harper, and with the defendant Caton, had, with intent to
defraud these plaintiffs, and in order to evade the injunction hereto-
fore issued, caused a judgment to be confessed in Baltimore
County Court against The Cape Sable Company in favour of Robert
Oliver for the same demand for which the former judgment had
been rendered in Anne Arundel County Court; upon which judg-
ment, of Baltimore County Court, a writ of fieri facias was taken
out, before any execution had been issued and returned nulla bona
to court, and directed to the sheriff of Anne Arundel; which
was promptly levied upon all the visible property of The Cape Sable
Company; which was immediately advertised for sale; that although
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