Board of Supervisors v. Paxton

Citations

• 56 Miss. 679

Syllabus

<p>1. INJUNCTION. Dissolution before hearing.</p> <p>A preliminary injunction to restrain the holder of county bonds from disposing of them should be retained until final hearing of the bill, when it charges that the defendant acquired the bonds with notice that they had been illegally issued, although such holder, in his answer, denies notice and all the equity of the bill; for .the dissolution of the injunction would allow the defendant to dispose of the bonds to innocent purchasers, as the title thereto would pass by delivery, and thus thwart the object of the litigation.</p> <p>2. Same. When retained to hearing.</p> <p>An injunction should always be continued until the hearing, where its dissolution would defeat relief under the final decree, if obtained by complainant.</p> <p>3. Lis Pendens. Negotiable pape¡\\</p> <p>The doctrine of lie pendens does not apply to negotiable paper, except where it is in custodia legis.</p>