Bomer v. Canaday
Mississippi Supreme Court
From the chancery court of Yazoo county. Hon. Henry C. Conn, Chancellor. Bomer Brothers, appellants, were complainants in tbe court below; Canaday, appellee, was defendant there. Complainants filed their bill in chancery against thé defendant below, seeking to restrain defendant, by injunction, from selling or in any way incumbering the title to certain standing timber, and seeking the specific performance of a contract.
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From the chancery court of Yazoo county. Hon. Henry C. Conn, Chancellor. Bomer Brothers, appellants, were complainants in tbe court below; Canaday, appellee, was defendant there. Complainants filed their bill in chancery against thé defendant below, seeking to restrain defendant, by injunction, from selling or in any way incumbering the title to certain standing timber, and seeking the specific performance of a contract. Complainants, in their bill, allege that they are wholesale lumber dealers at Brownsville, Tennessee, and the defendant is a resident of Yazoo county, Mississippi, engaged in…
1Opinion of the CourtWhitfield, C. J.
Doubtless the^’e are cases where equity will decree .the specific performance of contracts for the delivery up of chattels, even, other than those cases in which a pretimn affectionis attaches to them; but they are exceptional cases. It is claimed here, too, that this contract savors of the realty, since it is for the sale of standing trees. But, as said by the supreme court of North Carolina in Paddock v. Davenport, 107 N. C., at page 717 (12 S. E., 465), “The trees were purchased with a view to their severance from the soil, and thus being converted into personal property; ’ ’ and it is in…
2Cases cited6 opinions
- Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
- Ikerd v. BeaversIndiana Supreme Court · 1886
- Louisville, New Albany & Chicago Railway Co. v. BodenschatzIndiana Supreme Court · 1895
- City of Burlington v. Burlington Water Co.Supreme Court of Iowa · 1892
- Fallon v. Railroad Co.U.S. Circuit Court for the District of Missouri · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Mid-Continent Telephone Corp. v. Home Telephone Co.District Court, N.D. Mississippi · 1970
- Jones v. Mississippi Farms Co.Mississippi Supreme Court · 1917
- Security Builders, Inc. v. Southwest Drug Co.Mississippi Supreme Court · 1962
- Roberts v. SpenceMississippi Supreme Court · 1968
- Edelen v. Samuels & Co.Court of Appeals of Kentucky · 1907
6 more not listed; retrieve them via the Exa API.