ERROR t© New Madrid Circuit Court.

STATEMENT OF THE CASE.

This case is from the New Madrid circuit court. The plaintiff in error, James Knox, at the March term of said court, moved for leave to file his bill, praying an injunction of a judgment therein specified, which prayer wes awarded him. The bill contains the following allegations: That appellant on the 22d day of December, 1844, purchased of one Jno. H. Wright, the following real estate: One tract of fifty-six ninety-two one hundredths acres, and two other tracts of 40 acres each, for which he agreed to pay $1000; one third of said sum at the time of purchase, one third on the 25th day of December, 1837, and the remaining third on the 25th day of December, 1838. That he executed his notes for the two last mentioned sums, and that all of said $1000 is paid except the last note. That he has been sued upon said note, and judgment had againstbim, which is now prayed to be enjoined.

That at the time the sale was made, Wright represented to him that he had a fee simple title to said land, and that his title was indisputable and beyond controversy, and that as seon as the purchase money should he paid he would make him a good and sufficient title, and that he executed a bond for said title, which is made an exhibit. He charges that Wright acted deceitfully and fraudulently in said sale, in representing that he was the owner of the title to said lands, when, in fact, he had no claims to a portion thereof, containing 40 acres. He alleges that said forty acre's are well improved, and the most valuable portion of the tract, that Wright died without having made a deed for said land; that respondent was appointed administrator, and that as administrator he sued him on said last note and obtained judgment against him, and that execution issued, and is now in the hands of the sheriff; that bis property is levied upon and will be sold, without the interference of the court, and asks injunction that respondent be restrained from collecting said judgment until the matters and things In said bill Can be examined, and on final hearing, that said judgment be perpetually enjoined &c.. and asks process, and to grant such other and further relief in the premises as he may be entitled to. On the same day that the bill was filed, complainant, Knox, entered into bond, as required by Older of the court, upon granting the injunction. Then follows the bond for title, in the penalty of $2000, conditioned to make a good and sufficient deed in law, to the appellant, after the payment of the purchase money, to the tracts of land mentioned in said obligation.

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