Yates v. Mead
Mississippi Supreme Court
From the circuit court of Jackson county. Hon. S. H. Terral, Judge. Action upon an injunction'bond. W. E. & J. W. Mead purchased certain land, deriving title through successive conveyances from one Gf. M. Dees.
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From the circuit court of Jackson county. Hon. S. H. Terral, Judge. Action upon an injunction'bond. W. E. & J. W. Mead purchased certain land, deriving title through successive conveyances from one Gf. M. Dees. Before they had completed the payment for the land, and, while their note for the deferred payment was outstánding in the hands of J. C. Strong, their immediate vendor, an execution was levied on the land in favor of Mrs. M. L. Yates, claiming to be assignee by subrogation of a judgment against G-. M. Dees and M. A. Dees, rendered and enrolled before G-. M. Dees parted with the title.…
1Opinion of the Court
Campbell, C. J.,
delivered-the opinion of the court.
This case was decided correctly by the .circuit court. There was no breach of the condition of the bond, for the injunction was never .dissolved, formally or in effect. On the contrary, the suit of the appellees, in which the boud was given, was maintained so far as to result in a contest between Mrs. Yates and Strong as to which was entitled to the money *475brought into court by the appellees with their bill in that case. Yates v. Mead, 68 Miss., 787.
Affirmed.
2Cases cited1 opinion
- Yates v. MeadMississippi Supreme Court · 1891