Glazier v. Bailey
Mississippi Supreme Court
Appeal from the chancery court of Attala county. Young, Chancellor. The opinion of the court contains a sufficient statement of the case. Insisted that the bill of complaint shows no ground for equitable relief. The bill does not admit the legal title of the plaintiff in the suit at law, against whom an injunction is prayed, and set up an equitable title paramount to such legal title. There is no fraud alleged, no irreparable injury to the complainant sought to be remedied.
Read the full summary
Appeal from the chancery court of Attala county. Young, Chancellor. The opinion of the court contains a sufficient statement of the case. Insisted that the bill of complaint shows no ground for equitable relief. The bill does not admit the legal title of the plaintiff in the suit at law, against whom an injunction is prayed, and set up an equitable title paramount to such legal title. There is no fraud alleged, no irreparable injury to the complainant sought to be remedied. No discovery is asked in the bill, nor is any other special matter stated therein to take the case out of the general…
1Opinion of the Court
Peyton, C. J.:
Louis Glazier, being indebted to one F. Y. Olive im the sum of $2,831.50, as evidenced by his promissory note, dated 22d day of April, 1867, and due one day after date, on the 6th day of January, 1868, to secure the payment of said note, mortgaged to the said Olive, lot number one hundred and eight and the south half of lot number one hundred and twenty-seven, the same upon which is the residence of said L. Glazier, with all buildings, fixtures, appurtenances and furniture then in said house.
The said mortgage contained a power of sale in case the said note or any part thereof…
2Cases cited2 opinions
- Eldridge v. SmithSupreme Court of Vermont · 1861
- Huntington v. AllenMississippi Supreme Court · 1870
3Cited by1 opinion
- Malliat v. VogelMichigan Supreme Court · 1900