Young v. Ashley
Mississippi Supreme Court
Appeal from chancery court of Copiah county. Hon. L. F. Easterling, Chancellor. Suit for injunction by L. M. Ashley and wife against R. J. Young. From the decree rendered, defendant appeals. The contention of appellant is that the court below erred in granting appellees the relief sought without requiring them to do equity by restoring at least that part of the purchase money due after the value of the timber cut, as established by the evidence, had been deducted.
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Appeal from chancery court of Copiah county. Hon. L. F. Easterling, Chancellor. Suit for injunction by L. M. Ashley and wife against R. J. Young. From the decree rendered, defendant appeals. The contention of appellant is that the court below erred in granting appellees the relief sought without requiring them to do equity by restoring at least that part of the purchase money due after the value of the timber cut, as established by the evidence, had been deducted. The case of Rounds v. Clark, 70 Miss. 263, is conclusive on this question. In that case a demurrer is filed to a bill of complaint…
1Opinion of the Court
Etiíridge, J.,
delivered the opinion of the court.
On the 9th day of August, (1910, L. M. Ashley owned certain lands containing one hundred and fifty-four acres, upon Avhich he and his wife resided, it being a homestead upon Avhich they then lived and have continued to live since. On that day L. M. Ashley undertook to sell to R. J. Young the timber , upon a part of this homestead. The contract signed recited a consideration of eight hundred dollars, four hundred dollars cash and four hundred dollars to be paid on the 5th day of December, 1910, and purported to sell all pine timber on the east…
2Cases cited5 opinions
- McDonald v. SanfordMississippi Supreme Court · 1906
- Duncan v. MooreMississippi Supreme Court · 1889
- Pounds v. Clarke, Hood & Co.Mississippi Supreme Court · 1892
- Deans v. RobertsonMississippi Supreme Court · 1886
- Woods v. CampbellMississippi Supreme Court · 1905
3Cited by8 opinions
- Thompson v. DyessMississippi Supreme Court · 1953
- Travis v. DantzlerMississippi Supreme Court · 1962
- Fuqua v. JoudonMississippi Supreme Court · 1935
- Oatis v. MingoMississippi Supreme Court · 1946
- Columbia Mut. Life Ins. v. JonesMississippi Supreme Court · 1931
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