McKinzie v. McCrory
Mississippi Supreme Court
From the chancery court of Scott county. IIon. James L. MoCaskill, Chancellor. McOrorv and wife, appellees, were complainants in the court below; McKinzie and wife, appellants, were defendants there. From a decree overruling a preliminary motion to dissolve an injunction, the defendants appealed to the supreme court. The facts are sufficiently stated in the opinion of the court.
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From the chancery court of Scott county. IIon. James L. MoCaskill, Chancellor. McOrorv and wife, appellees, were complainants in the court below; McKinzie and wife, appellants, were defendants there. From a decree overruling a preliminary motion to dissolve an injunction, the defendants appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. Equity will never interfere in apprehended trespasses except in extreme cases where the injury would be irreparable and the title to the land is unquestioned. This is the well settled rule. Nevitt v. Gillaspie, 1…
1Opinion of the Court
Cali-toon, L,
delivered the opinion of the court.
Appellees obtained an injunction restraining appellants from trespassing on land, cutting valuable shade trees, moving fences and obstructing a right of way. The court below refused to dissolve the injunction on motion, with affidavits on each side. The affidavits are in sharp conflict. A grave question of right and title appears here, important damage not remediable anight ensue on dissolution, and we think the court properly held the injunction. until full investigation on evidence in regular course. Alcorn v. Sadler, 66 Miss., 221 (5 South.…
2Cases cited1 opinion
- Alcorn v. SadlerMississippi Supreme Court · 1888
3Cited by1 opinion
- Citizens Bank & Trust Co. of Belzoni v. Harpeth National Bank of FranklinMississippi Supreme Court · 1919