Coleman v. Hudspeth

Citations

• 49 Miss. 562

Syllabus

<p>1. Chancees — Injunction.—Whore the hill clearly and positively avers that the complainant is seized and possessed of the real estate discribed in the bill, and t.ho answer denies the averments in the hill, it is orror to dissolve the injunction without giving the complainant time to take testimony.</p> <p>2. Same — Peaotioe.—The complainants filed (heir bill on the 28th day of February, and on the 4th day ot' March, simultaneously with the filing of the answer, the motion to dissolve was served. There had been no time, nor opportunity to sustain the clear and unequivocal allegations of the bill by proofs-. Held i That the court should have retained the injunction until the complainants could have had a fair opportunity to take testimony, but indulging in no unnecessary delay. Bowen v. Hoskins, 45 Miss., 188.</p>