Johnston v. Alexander
Supreme Court of Arkansas
Appeal from the chancery side of the circuit court of Yell county. Bill in chancery, to enjoin a judgment at law, by John B. Johnston and Thomas Johnston against John J. Morse, and Isaac Alexander, determined in the circuit court of Yell county, chancery side, at the August term, 1844, before the Hon. R. C. S. Bhown, judge.
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Appeal from the chancery side of the circuit court of Yell county. Bill in chancery, to enjoin a judgment at law, by John B. Johnston and Thomas Johnston against John J. Morse, and Isaac Alexander, determined in the circuit court of Yell county, chancery side, at the August term, 1844, before the Hon. R. C. S. Bhown, judge. The bill was filed at the August term, 1843, and alleged, that, on the 4th February, 1841, complainants purchased of Morse three tracts of land, lying in Yell county, amounting to 360 acres and 45-100 of an acre, for which they agreed to give him $2,700. That in pursuance…
1Opinion of the CourtOldham, J.
It is a settled rule that if ail the defendants are implicated in the sapie charge, the answer of all will in general be required before the injunction will be dissolved, but if the defendant, on whom the gravamen of the charge is made, has fully answered, that may be sufficient. Depeyster vs. Graves, 2 J. C. R. 148. Jones vs. Megee, 1 Bland 190. Stewart vs. Barry, id. 192. Noble vs. Wilson, 1 Paige 164. Eden on Injunction, 117. This rule, it was said in the case Depeyster vs. Graves, is subject to the exception, that, the answer of formal parties will not be required, and also, when the…
2Cases cited1 opinion
- Noble v. WilsonNew York Court of Chancery · 1828