Middleton v. Howell
Mississippi Supreme Court
Appeal from chancery court of Franklin county. Hon. R. W. Cutrer, Chancellor. Suit by George W. Howell against W. F. Middleton and others. Judgment for plaintiff, and the named defendant appeals. There is no equity on the face of the bill, and it states no facts justifying the interposition of a court of equity But shows that appellee’s remedy is full, complete and exclusively at law.
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Appeal from chancery court of Franklin county. Hon. R. W. Cutrer, Chancellor. Suit by George W. Howell against W. F. Middleton and others. Judgment for plaintiff, and the named defendant appeals. There is no equity on the face of the bill, and it states no facts justifying the interposition of a court of equity But shows that appellee’s remedy is full, complete and exclusively at law. (Canses 1, 2, & 8.) To justify his request for the interposition of equity the appellee offers the following: First, that equity is necessary in order to decide which of two branches is “Rocky branch,” so that…
1Opinion of the Court
Ethrio&e, J.,
delivered the opinion of the court.
The appellee was the complainant in the court below, and filed a bill against W. F. Middleton, Mary Jane Middleton, and the Homochitto Lumber Company, alleging *889that on the 22d day of August, 1919, the Middletons, being husband and wife, conveyed by warranty deed to the complainant all timber situated in Franklin county, Miss., more particularly described in an exhibit to the bill. This deed conveyed certain sections and parts of sections to the complainant, and also forty acres of land in section 6, township 5, range 2, lying east of Rocky…
2Cases cited9 opinions
- Tribette v. Illinois Central RailroadMississippi Supreme Court · 1892
- Cumberland Telephone & Telegraph Co. v. WilliamsonMississippi Supreme Court · 1910
- Illinois Central Railroad v. GarrisonMississippi Supreme Court · 1902
- Crawford v. Mobile, Jackson & Kansas City RailroadMississippi Supreme Court · 1903
- Kirkpatrick v. MillerMississippi Supreme Court · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brunt v. McLaurinMississippi Supreme Court · 1937
- Tchula Commercial Co. v. JacksonMississippi Supreme Court · 1927
- Wroten v. FennMississippi Supreme Court · 1948
- Humphrey's County v. CashinMississippi Supreme Court · 1924