Brown v. Cole

The plaintiff sought to enjoin the defendant from prosecuting a distress warrant and also a warrant to dispossess him as a tenant holding over, on the ground that he was a purchaser of the land and not a tenant, and was unable to give the statutory bond to prevent his dispossession as' a tenant holding over. The defendant in his answer admitted that the plaintiff went into possession of the land as a purchaser, but averred that he had not paid any of the purchase-money, and that subsequently he had attorned to the defendant, and that the rent was past due. On a motion to dissolve the…