Penn v Lord Baltimore

Facts

The proprietors of Pennsylvania and Maryland agreed in writing on the boundary between their colonies. Penn sued in England to enforce it.

Issue

Could an English court order performance of an agreement about land in America?

Held

Yes. Lord Hardwicke LC held that the defendant was in England and his conscience was bound, so the court could act on him personally.

Principle

Equity acts in personam, so it can enforce an agreement about foreign land against a defendant within the jurisdiction.

Why it matters

It is the classic authority for the in personam reach of equitable remedies.

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