Unknown County MsArchives Court.....Simmons, S.B. 1834
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File contributed for use in USGenWeb Archives by:
Deb Haines ddhaines@gmail.com December 8, 2005, 11:00 pm

Source: Reports Of Cases Adjudged In The Supreme Court Of Mississippi
Written: 1834
Recorded: 1818

S. B. SIMMONS vs. JOSIAH LARD.

page 159 

When there is a deficit in the quantity of good land sold, an injunction 
should be granted to restrain the party from proceeding at law to collect the 
purchase money.


OPINION OF THE COURT—BY CHIEF JUSTICE HAMPTON.

Appeal from an interlocutary decree of the chancellor, dissolving the 
injunction, which stayed proceedings at law, when judgment and execution were 
had by the defendant against complainant.

We are satisfied with the decree of the chancellor, restraining the 
proceedings at law, except as to one hundred and fifty dollars, which we 
consider should be locked up, to await the result of the final decree as to 
the damage resulting to the complainant, from the alleged deficit in the 
quantity of good land.

Decree affirmed as to all but one hundred and fifty dollars, for which sum let 
the injunction still protect from the money making process of the court of law.

Source: Reports of Cases Adjudged in the Supreme Court of Mississippi, June 
Term, 1818, By R. J. Walker, Reporter of the State. Natchez: Printed at the 
Courier and Journal Office, 1834.


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