Davis v. Davis
Mississippi Supreme Court
Appeal from the Chancery Court of Adams County. Hon. Warren Cowan, Chancellor. On the 29th of May, 1882, William J. Davis filed a bill in the Chancery Court of Adams County against Hugh L. Davis, stating that complainant and defendant, as partners in the business of farming, under the firm name of H. L. Davis & Co., bought a tract of land known as the “ Duncan Homochitto ’ ’ plantation, which had been paid for with the assets of the firm; but that the deed thereto had been…
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Appeal from the Chancery Court of Adams County. Hon. Warren Cowan, Chancellor. On the 29th of May, 1882, William J. Davis filed a bill in the Chancery Court of Adams County against Hugh L. Davis, stating that complainant and defendant, as partners in the business of farming, under the firm name of H. L. Davis & Co., bought a tract of land known as the “ Duncan Homochitto ’ ’ plantation, which had been paid for with the assets of the firm; but that the deed thereto had been taken by the defendant in his individual name without the consent or knowledge of the complainant. The purpose of the…
1Opinion of the CourtCampbell, J.
If it be true that W. J. Davis improperly brought his bill, No. 817, in the Chancery Court, that did not justify Hugh L. Davis in bringing his bill, No. 820, for injunction. His proper course was to defend No. 817, whereby he would have obtained all that was properly obtainable by him.
If No. 817 was one too many, No. 820 was the addition of another equally unnecessary and objectionable.
By it the cotton seized was caused to be delivered to Hugh L. Davis, and Wm. J. Davis was enjoined not only from prosecuting suit No. 817, but from bringing any other about the affairs of the plantation until…
2Cases cited1 opinion
- Hubbard v. FlyntMississippi Supreme Court · 1880
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