Legal Opinion

Alabama & Vicksburg Railway Co. v. Thomas

Mississippi Supreme Court

Decided April 15, 1905PublishedCited by 2 opinions

Ebom the chancery court of Rankin county. Hon. Henry 0. Oonn, Chancellor. Thomas and others, appellees, were complainants, and the railway company and others, appellants, defendants in the court below. From a decree overruling defendants demurrer to the bill of complaint, they appealed to the supreme court. If it be true that “soft words butter no parsnips,” it is no less true that “hard words break no bones.”

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Ebom the chancery court of Rankin county. Hon. Henry 0. Oonn, Chancellor. Thomas and others, appellees, were complainants, and the railway company and others, appellants, defendants in the court below. From a decree overruling defendants demurrer to the bill of complaint, they appealed to the supreme court. If it be true that “soft words butter no parsnips,” it is no less true that “hard words break no bones.” A case of fraud cannot be made out in a bill of equity simply by the use of epithets, however liberal that use may be. United States v. Ather-ton, 102 TJ. S., 372; Fogg v. Blair, 139 U.…

1Opinion of the Court

Wtlliamsow, Special Judge,*

delivered the opinion of the court.

This suit originated in the chancery court of Rankin county, and complainants attack collaterally certain equity proceedings in the federal court by which a certain trust deed upon the property of the Vicksburg & Meridian Railroad Company was foreclosed, and sold to certain individuals who organized the Alabama & Vicksburg Railway Company, and the property passed from the purchasers at the sale into the possession of the last-*38named company. At the time the proceedings were commenced in the federal court there existed three separate…

2Cases cited2 opinions

  1. United States v. AthertonSupreme Court of the United States · 1880
  2. Weir v. JonesMississippi Supreme Court · 1904

3Cited by2 opinions

  1. Hester v. HesterMississippi Supreme Court · 1912
  2. Brickell v. LightcapMississippi Supreme Court · 1917

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