Walker-Durr Co. v. Mitchell
Mississippi Supreme Court
From the chancery court of Simpson county. Hon. Samuel Whitman, Jr., Chancellor. The Walker-Durr Co., appellant, was complainant in the court below; Mrs. Mitchell and others, appellees, were defendants there. From a decree in defendants’ favor the complainants appealed to the supreme court.
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From the chancery court of Simpson county. Hon. Samuel Whitman, Jr., Chancellor. The Walker-Durr Co., appellant, was complainant in the court below; Mrs. Mitchell and others, appellees, were defendants there. From a decree in defendants’ favor the complainants appealed to the supreme court. The facts as stated by Anderson, J., were as follows: — “This is a bill to enjoin execution of a judgment of the justice of the peace for $100 and costs, by the appellants, Walker-Durr Company and others, against Mrs. Cora Mitchell, the plaintiff in the judgment,, and the justice of the peace who rendered…
1Opinion of the CourtAnderson, J.
The decree of the court below must be affirmed, even though the levy of the attachment writ, the replevin bond, and the judgment sought to be enjoined are void (which we do not decide). The equitable maxim that “he who seeks equity must do equity” applies. It was incumbent on Walker-Durr Company to allege in their bill and prove that they had a valid defense to the demand on which the judgment was founded. This they failed to do. It is alleged, but not proven. On the contrary, the evidence indisputably shows that they purchased from the tenant cotton raised on the leased premises of…
2Cases cited3 opinions
- Newman v. TaylorMississippi Supreme Court · 1892
- Comenitz v. Bank of CommerceMississippi Supreme Court · 1904
- Stewart v. BrooksMississippi Supreme Court · 1885
3Cited by6 opinions
- Catlett v. DrummondMississippi Supreme Court · 1917
- Welch v. HannieMississippi Supreme Court · 1916
- Moseley v. Southern Colonel Mobile Homes, Inc.Mississippi Supreme Court · 1979
- Burton v. John Hancock Mut. Life Ins.Mississippi Supreme Court · 1934
- Molpus v. Bostic Lumber & Manufacturing Co.Mississippi Supreme Court · 1916
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