common law
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- Coke CJ
- The action was alleged to have been obtained by fraud
- The King’s Bench
- Court of Chancery
- This is unfair !
- Lord Ellesmere
- I issued a common injunction from the Court of Chancery, preventing proceedings to enforce the common law judgement
- Court of Chancery
- The Chancellor’s practice of granting injunctions in Chancery to prevent the enforcement of common law judgments was in breach of statutes designed to prevent appeals from the common law courts.
- This posed a conflict between the two systems, where on one side, common law prohibited the sales of colleges’ lands and on the other side, the Earl of Oxford acquired the land in good faith. Magdalene College further denied the Earl of Oxford an adequate compensation for loss of title, and would undoubtedly give the college an advantage, that is taking the consideration of the Earl of Oxford whilst not being able to give the land.
- Sir Francis Bacon
- The court decide that common law let to an unconscionable outcome, equity should prevail, otherwise the Lord Chancellor would have no jurisdiction in the case.
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