Brown v. Bacon
Mississippi Supreme Court
On appeal from the. superior court of chancery; Hon. Charles Scott, chancellor. This was a bill of complaint filed on the 18th of February, 1852, by J. H. Johnston & Shepherd Brown against Bacon, Symington & Robins, and James Woods & William Fitzpatrick, and John'L. Harris.
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On appeal from the. superior court of chancery; Hon. Charles Scott, chancellor. This was a bill of complaint filed on the 18th of February, 1852, by J. H. Johnston & Shepherd Brown against Bacon, Symington & Robins, and James Woods & William Fitzpatrick, and John'L. Harris. It states that Woods & Fitzpatrick, on the 21st of November, 1839, obtained a judgment in the United States circuit court at Jackson against Brown, Redwood, and Lane, for $6,529.49; that by virtue of an execution issued on this judgment, the marshal, on the 3d day of March, 1851, sold at public auction at the court house…
1Opinion of the CourtJustice Fisher
*598This is an appeal from, a decree of the superior court of chancery, dissolving the injunction and dismissing the bill.
The record presents two questions for consideration : —
1st. Whether the complainants are entitled to a perpetual injunction against the decree of Bacon, Symington, & Robins, so far as an attempt may be made to enforce it against the property named in the bill; and,
2d. Whether the bill can be maintained as a bill of inter-pleader for the purpose of settling -the claim of Woods & Fitzpatrick, and of Bacon & Co., to the money in the hands of the complainants.
- The facts as shown…
2Cited by2 opinions
- Dibrell v. DandridgeMississippi Supreme Court · 1875
- Carroll v. WatkinsDistrict Court, S.D. Mississippi · 1870