Burns v. Dreyfus

Citations

• 69 Miss. 211

Syllabus

<p>1. Tenant in Common. Incumbrance. Priority.</p> <p>The right of one tenant in common of land, upon partition, to charge the interest of his co-tenant with the payment of what may be due on an accounting as to receipts and disbursements concerning the common estate, does not entitle him to priority over a bona fide incumbrancer of the interest of such co-tenant.</p> <p>2. Injunction. Dissohuion. Damages. Code 1880, ? 1918.</p> <p>On dissolution of an injunction obtained to restrain a sale under a trust-deed, statutory damages should be allowed under code 1880, 21918, notwithstanding the granting of an appeal with supersede as to settle the principles of the case.</p>