Cole v. Johnson
Mississippi Supreme Court
Appeal from the Chancery Court of Union County. Hon. C. Cullens, Chancellor. This was a bill filed by B. F. Johnson to enjoin the defendants, heirs-at-law of John Cole, who died owning the lands in controversy, from further prosecuting an ejectment suit against said Johnson, to recover said lands, which Johnson had purchased and paid for at a void probate sale, the purchase-money having been applied to pay off the debts of the decedent by the administrator in good faith, and…
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Appeal from the Chancery Court of Union County. Hon. C. Cullens, Chancellor. This was a bill filed by B. F. Johnson to enjoin the defendants, heirs-at-law of John Cole, who died owning the lands in controversy, from further prosecuting an ejectment suit against said Johnson, to recover said lands, which Johnson had purchased and paid for at a void probate sale, the purchase-money having been applied to pay off the debts of the decedent by the administrator in good faith, and said Johnson having put valuable improvements on the lands. The prayer was for an account of the rents and profits on…
1Opinion of the CourtChalmers, J.
The appellee filed his bill to enjoin the prosecution of an action of ejectment which had been instituted by the heirs of John Cole, deceased, to recover from him certain lands which had been by him purchased at a sale made by the administrator of said John Cole, under decree of the Probate Court of Tippah County. The prayer of the bill was that the heirs of said Cole might be restrained from ejecting the complainant from the lands, until they should have repaid to him the purchase-money by him paid to the administrator, with interest, and the value of all permanent and useful improvements…
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