Rush v. Pearson

Decided October 15, 1907

Mississippi Supreme Court · decided 1907-10-15

Q?rom the chancery court of Tate county. ■Hon. Isaac T. Blount, Chancellor. Eush, the appellant was complainant in the court below; and 'Pearson, the appellee, and A. W. Sliands, as cestui que trust and trustee respectively in a deed of trust executed by Eush, were defendants there. From a decree unfavorable to the complainant he appealed to the supreme court.

Decided 1907-10-15

Mayes, J.,

¶1delivered the opinion of the court.

¶2It was necessary for Rush to tender into court the amount admitted to be due, or pay same, before he could maintain his injunction. Purvis v. Woodward, 78 Miss., 922, 29 South., 917; Crittenden v. Ragan, 89 Miss., 185, 42 South., 281; Lewis v. Boguechitto, 76 Miss., 356, 24 South., 875; M. & O. Ry. Co. v. Moseley, 52 Miss., 127. We think the decree of the chancery court was correct. The decree is affirmed and the cause remanded, with leave to complainant to pay the amount admitted to be due in ten days after mandate filed; otherwise, the injunction stands dissolved.

¶3Affirmed and remanded.