Coleman v. Rives
Court of Appeals of Mississippi
Appeal from the superior court of chancery; Hon. Stephen Cocke, chancellor. The appeal in this case was taken from an interlocutory decree of the chancellor, dissolving an injunction restraining the appellees, who were trustees in a deed of trust, from selling the property mentioned in the deed. All the material facts will be found fully stated in the opinion of the court. 1st. The agreement of the 23d of March, 1840, was clearly a rescinding of the contract.
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Appeal from the superior court of chancery; Hon. Stephen Cocke, chancellor. The appeal in this case was taken from an interlocutory decree of the chancellor, dissolving an injunction restraining the appellees, who were trustees in a deed of trust, from selling the property mentioned in the deed. All the material facts will be found fully stated in the opinion of the court. 1st. The agreement of the 23d of March, 1840, was clearly a rescinding of the contract. The legal title, it is true, was in the trustees; but after the rescission they held it in trust for Davenport and Wills. 2d. Although…
1Opinion of the CourtJustice Fisher
This is an appeal from an interlocutory decree of the chancellor, dissolving an injunction.
The bill alleges, that on the 8th of October, 1840, the complainant recovered, in the circuit court of Hinds county, a judgment against Richard G. Davenport, who was sued as second indorser jointly with the maker and first indorser, for the sum of $4,315.50; that execution had issued on said judgment, but that nothing had been made thereon.
The object of the bill is, to make liable to said judgment an undivided interest of said Davenport in a certain plantation and slaves in Hinds county, owned jointly…
2Cited by2 opinions
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