Gaillard v. Thomas

Citations

• 61 Miss. 166

Syllabus

<p>1. Injunction. Decree. Prior payment.</p> <p>An administrator who fails to allege that payments by him to distributees made prior to his final settlement were not considered by the court in rendering a decree of distribution cannot successfully enjoin the execution of the decree.</p> <p>2. Same. Motion to dissolve. Pleading construed against pleader.</p> <p>An averment that he paid the distributees, taking receipts in full, whereby he became assignee of their interests, is an expression of opinion, which, on motion to dissolve upon the face of the bill, has no force beyond the allegation of payment.</p>