Raburn v. Shortridge

M‘KiNNEy, J.

This is a suit in equity. On final hearing upon bill, answer, and depositions, an injunction granted was dissolved, and ten per cení, decreed upon the judgment enjoined, with costs, <fcc. From that decree the complainant has appealed.

The hill charges that the complainant, on the 17th day of December, 1825, executed a note to the defendant for the sum of 100 dollars, upon which judgment was rendered against him by default at the September term, 1826, of the Montgomery Circuit Court; that the note was given, and the judgment rendered, upon the express condition that the defendant…