Boyd v. Lambeth
Court of Appeals of Mississippi
In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. The opinion of the court contains a full statement of the facts.
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In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. The opinion of the court contains a full statement of the facts. The demurrer to the bill should have been sustained, instead of overruled by the court below. 1st. Because the complainant had no right to come into equity until he had recovered a judgment at law. 11 S. & M. 366; (on this point the authorities are numerous.) Nor is this a bill filed under the statute, with the view of attaching the effects of an absent defendant. There is no restraining order prayed for in the bill, nor indorsed on the subpoena, nor…
1Opinion of the CourtChief Justice Smith
This was a bill filed in the circuit court of Madison county, by Lovie Lambeth, against a non-resident defendant and others residing in this State. The object of the bill was to subject to the payment of complainant’s demand, the equity of redemption in certain property which was held in trust for the payment of debts, by Thomas Shackleford, one of the defendants, which equity of redemption was alleged to belong to George C. Boyd, the non-resident defendant.
*435The bill alleges that defendant John C. Boyd and wife, some years before the filing mf the bill, conveyed in trust certain land and…
2Cases cited1 opinion
- Gaines v. RelfSupreme Court of the United States · 1841
3Cited by3 opinions
- Caruthers v. McLaranMississippi Supreme Court · 1879
- Cutrer v. StateMississippi Supreme Court · 1910
- Cutrer v. StateMississippi Supreme Court · 1910