Dwight v. Brashear

This is an injunction sued out in the case which was decided between the parties litigant by this court in September, 1855. See 10th An., 645.

*861The appeal in that case was taken on the 6th of February, 1863. During its pendency, it appears the defendant offered to restore to the plaintiff, Brashear, the property in litigation, acquiescing in the judgment so far as it passed upon ■the title, but reserving his right of appeal on the other branch of the case, namely: the rents or fruits of the property. Brashear declined to accept the offer, alleging as a reason, that he had agreed to convey the…