Baxter v. Washburn
Tennessee Supreme Court
PROM KNOX. Appeal from the Chancery Court at Knoxville. W, B. Stalky, Ch. The court adopted the opinion of Chancellor Staley as the opinion of the court upon the point embodied in the last syllabus above.
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PROM KNOX. Appeal from the Chancery Court at Knoxville. W, B. Stalky, Ch. The court adopted the opinion of Chancellor Staley as the opinion of the court upon the point embodied in the last syllabus above. It is as follows: Complainant in this cause filed his bill in October, 1873, and therein prayed for an injunction to restrain Washburn, trustee, from collecting, except in this court, ■certain notes executed by complainant to Washburn, trustee, for land sold by the latter^ to complainant. A fiat "was obtained for an injunction to issue, on bond being given with security in the penalty of…
1Opinion of the Court 1
McFajrlajstd, J.,
'said:
I adopt this opinion, except so far as it is predicated upon the fact that no injunction was in fact issued. This I do not think materia]; but the other reasons given for refusing the judgment are sufficient.
2Opinion of the Court · CooperCooper, J.
that point:
On May 2, 1870, the complainant, John Baxter, contracted to sell to M. C. Wilcox, E. K. Wilcox and others, a body of land, with the personal property thereon used for mining coal, lying on Emory river in Roane county, Tennessee,’ for $40,000, payable at a future day in instalments with interest. Afterwards, the purchasers obtained a charter of…
3Cases cited1 opinion
- Cumberland Coal & Iron Co. v. Hoffman Coal Co.New York Supreme Court · 1862
4Cited by2 opinions
- Reagan v. WolsiefferCourt of Appeals of Tennessee · 1951
- Kelly v. WellsburgWest Virginia Supreme Court · 1914