Douglas v. Parsons-May-Oberschmidt Co.
Mississippi Supreme Court
Appeal from the chancery court of Lincoln county. Hon. G-. Gr. Lyell, Chancellor. Suit by G-eo. T. Douglas and wife against the Parsons-May-Oberschmidt Company. Motion to dismiss and discharge the supersedeas bond in the supreme court. Gleorge T. Douglas and wife, being indebted to the Parsons-May-Oberschmidt Company, executed a deed of trust to secure said indebtedness.
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Appeal from the chancery court of Lincoln county. Hon. G-. Gr. Lyell, Chancellor. Suit by G-eo. T. Douglas and wife against the Parsons-May-Oberschmidt Company. Motion to dismiss and discharge the supersedeas bond in the supreme court. Gleorge T. Douglas and wife, being indebted to the Parsons-May-Oberschmidt Company, executed a deed of trust to secure said indebtedness. Default having been made in the payment of said indebtedness, the trustee advertised the property for sale, whereupon Douglas and wife filed a bill in chancery enjoining the sale and praying an accounting. On the hearing…
1Opinion of the CourtSmith, J.
This cause is dismissed for want- of prosecution, the motion to discharge the supersedeas and relieve the sureties on the bond is overruled, and judgment will be entered here against the sureties on the bond for the decree rendered, with the interest and damages thereon as provided by law. The decree appealed from was a final one, and the bond, whether technically accurate or not, served the purpose for which it was intended. It may. be, as stated by the bondsmen, that they were misled by appellant into signing the bond, and that one of them notified the clerk, before the bond was filed, not…
2Cited by2 opinions
- Rushing v. Citizens' Nat. Bank of PlainviewCourt of Appeals of Texas · 1913
- Parsons-May-Oberschmidt Co. v. FurrMississippi Supreme Court · 1916