Bowen v. Hoskins
Mississippi Supreme Court
Appeal from tlie chancery court of Lincoln county. Peyton, Chancellor. The opinion of the court clearly shows the facts of this case. Cited Coulson v. Harris, 43 Miss. 728 ; Rev. Code, 1857, p. 362; Story’s Eq. PL, § 28; 11 Yesey, 240; 12 ib. 477 ; 3 Swanst. 472 ; 3 Yesey & Bear. 99; 5 Madd. 442 ; 6 Johns. Ch. 46; Story’s Eq.
Read the full summary
Appeal from tlie chancery court of Lincoln county. Peyton, Chancellor. The opinion of the court clearly shows the facts of this case. Cited Coulson v. Harris, 43 Miss. 728 ; Rev. Code, 1857, p. 362; Story’s Eq. PL, § 28; 11 Yesey, 240; 12 ib. 477 ; 3 Swanst. 472 ; 3 Yesey & Bear. 99; 5 Madd. 442 ; 6 Johns. Ch. 46; Story’s Eq. Pl. 227; Rev. Code, 1857, p. 540, art. 2; and made, in argument, the following points: 1. Complainant has no legal right or demand against plaintiff in error. 2. He has an adequate remedy at law against all possible danger. 3. He is not threatened by the judgment…
1Opinion of the Court
Simball, J.:
This appeal is prosecuted by Bowen et ux., from an order of the chancery court overruling their motion to dissolve an injunction on bill and answer.
The abstract question presented is, whether a surety can go into equity before he has paid the debt of his principal, or more than his aliquot portion of it, to restrain a co-surety from disposing of real estate, so as to throw the whole burden of the debt upon the complainant, on the allegation that the principalis insolvent.
The facts are, that E. H. Wailes recovered a judgment against E. L. Bowen and E. T. Bowen and Whitworth, the…
2Cases cited1 opinion
- Lidderdale's Executors v. of RobinsonSupreme Court of the United States · 1827
3Cited by11 opinions
- Yule v. BishopCalifornia Supreme Court · 1901
- Yule v. BishopCalifornia Supreme Court · 1900
- Canton Exchange Bank v. Yazoo CountyMississippi Supreme Court · 1926
- Milwaukee Electric Railway & Light Co. v. BradleyWisconsin Supreme Court · 1901
- American Elec. v. SingarayarMississippi Supreme Court · 1988
6 more not listed; retrieve them via the Exa API.