Dafoe v. Starek

GROWNOVER. -J.

This was a suit by the complainants DaFoe against defendants Starek and the United States Fidelity and Guaranty Company upon injunction bonds for the wrongful suing out of an injunction which stayed the foreclosure of a deed of trust on oil leases of lands known as Tinsley Bottom in Clay and Jackson counties, Tennessee. The bonds were executed and filed in the case of Charles Starek v. Percy DaFoe, et al., in the chancery court at Gainesboro, Tennessee.

The defendant Guaranty Company demurred because the injunction bonds sued on were conditioned that liability be determined and…