Nelson v. Lowndes County
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Mississippi. The Land, Mortgage, Investment & Agency Company of America, Limited, —an English corporation, — owned a tract of land in Lowndes county, Miss.
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In Error to the Circuit Court of the United States for the Northern District of Mississippi. The Land, Mortgage, Investment & Agency Company of America, Limited, —an English corporation, — owned a tract of land in Lowndes county, Miss. This tract of land was sold by said company on June 4, 1894, to. the county of Lowndes, for the sum of $6,000. The county of Lowndes paid $1,000 cash, and the board of supervisors gave obligations of the county for payment of balance of purchase money, — 10 notes, of $500 ea&h, payable January 1, 1895, to January 1, 1904, inclusive. These notes were secured by…
1Opinion of the Court
After stating the facts as above, the opinion of the court was delivered by PARDEE, Circuit Judge.
As the defendants below filed no cross bill, and as the answer prayed only for a dissolution of the injunction, and 10 per cent, damages for its wrongful issue, no affirmative relief, beyond such as necessarily tvould follow the dismissal of the bill, could have been properly awarded against the complainant in the lower court. See Bradford v. Bank, 13 How. 57; Book v. Mining Co., 58 Fed. 827; Moran v. Hagerman, 12 C. C. A. 239, 64 Fed. 499.
The case has been exhaustively argued on the proposition…
2Cases cited12 opinions
- Idaho & Oregon Land Improvement Co. v. BradburySupreme Court of the United States · 1889
- Hayes v. FischerSupreme Court of the United States · 1880
- Bradford v. President of the Union Bank of TennesseeSupreme Court of the United States · 1852
- The San PedroSupreme Court of the United States · 1817
- Fleitas v. RichardsonSupreme Court of the United States · 1893
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3Cited by3 opinions
- Kelley v. McCombsSupreme Court of Oklahoma · 1909
- De Lemos v. United StatesCourt of Appeals for the Fifth Circuit · 1901
- Loveless v. RansomCourt of Appeals for the Seventh Circuit · 1901