,_ mn v. smrson., 15
essary papers and receipts therefor so soon as the said executor shall convey
and transfer the said devise and bequest to the state, as aforesaid. ”
This bill has passedone house. It is under consideration, with every
. prospect of its passage, in the other. It may very soon-——in a day or
two—become a law. If it does become a law, the property will be taken
~ out of the jurisdiction of this court. No process can make the state of
South Carolina a party to this suit. It can have no jurisdiction over
the state in a civil action, except with her consent. S0 far as plaintiffs
right to recover this plantationis concerned, if she has such a right, it
will be irretrievably lost if thelegal title be conveyed to the state. It A
is idle to say that the state will recognize and. accede to the decision -of
this court if titestablish any rights in complainant. Courts of justice
V enforce their decrees by mandates whose sanction is the court. No de-_
cree or mandate can be entered or issued obedience to- which depends
upon- the‘*will—or‘courtesy of the party against whomit may be made.
Without deciding, so as to commit the court, any question of right or
_ property made in the paperssubmitted, and solely with the purpose of
preserving the status quo, this motion will be granted. There is a princi-
V ple which governs nearly all judges on applications for preliminary in-’
Q_junctions.governing me. 4Vj When the danger or injury threatened is 0f_ a
` character which cannot be easily remedied if theinjunction be refused, . ,
and there is no doubt that the actoharged is contemplated, the tempo-
rary injunction should be granted, usiess. the me made by the bill is
satisfactorily refuted by the defendant. l U. S. v. Duluth,'1 Dill. 469,
—(Mr.,Justice,M1LnnR.) j   ~ , V _ . ,  
“ The cornplainant has brought her action against the defendant, not as
executor, but in his personal character. He is devisee of, the Fort Hill
Vplantationas well as executor. As such devisee he takes the legal es-
tate, charged withthe equiti$·>S,but not with the defaults, of his testator.
  If there be any account for the rents and profits received by Clemson in -
his life-time, for such default R. W. Simpson, executor, qua. executor,
i is liable; not R. W. Simpson, devises. He takes the property, if he
, takesQ,1t,with notice of the trust, responsible only for his own enjoyment
· of the rents and profits. For the same reason, the defendant not being
a party as executor, these proceedings cannot affect him so far as person-
V ..aJty in hisliands to be administered as executor is concerned. The in-
junctiomtherefore, must beeoniined to Fort Hill plantation. _
V This cause came to be heardon motion for a preliminary injunction ·
V_·upon_the`bill, answer, aflidavits, andexhibits. After hearing the same
V and argument thereon, and upon due consideration thereof, it is ordered, V
, adjudged,'and decreed that a writ of injunction doissue to the defend-
V .ant,— Richard W. Simpson, enjoiningand restraining him from executing
and delivering any deed or deeds of conveyanceof, or parting with the
ppssession of, the Fort Hill plantation, as described, in the pleadings of
_ this -ease,_to any person or persons, or to or for any uses, intents, and pur-
poses whatsoever, especially to; the state of South Carolina, or to any
_` person or persons whoms`oever,in behalftof the said state. This order
.. .and,wVritto remain in force until ,thefu_rther order of this court. A ‘