Helton v. Evans

RODGERS, Justice:

This case came to this Court from the Chancery Court of Jackson County, Mississippi, from an order overruling a motion of the defendants (appellants here) to dismiss the original bill filed in this cause of action. The Chancellor granted an *779appeal “in order to settle all the controlling principles involved in this cause and to avoid expense and delay.”

These are the essential facts as shown by the record. On November 5, 1962 the ap-pellee, Harlech R. Evans, filed a bill in the chancery court praying for a mandatory injunction against Mr. and Mrs. Theodore G. Helton, in which…