Perrin v. Conner

Decided February 5, 1883

Mississippi Supreme Court · decided 1883-02-05

Appellant, Joel J. Perrin, filed this bill in tbe Chancery Court of Olay county against A. B. Oonnel, James M. Prewett and his wife, Sarah A. Prewett, in which he charges that Horace J. Perrin, in January, 1878, loaned to James M. Prewett $1,200, and to secure it said James PL Prewett and his wife, Sarah A. Prewett, executed a deed of trust on certain lands, described in tbe bill, situated in Clay county, with John O’Connor as trustee; that said O’Connor was a citizen of…

Reversed, · Decided 1883-02-05

¶1Opinion.

Per curiam:

¶2Complainant has not sufficiently met by his proof the obligation of affirmatively establishing the charges of his bill, but the admitted facts of the transaction are so strongly suggestive of col-*660fusion that we are indisposed to definitely conclude him. It may be that in another suit there may be further developments of fact.

¶3We reverse the decree, dismissing the bill for the purpose only of entering here a decree of dismissal without prejudice to complainant’s rights at law, if hereafter he shall be advised to proceed at law.