Green v. McDonald

Citations

• 21 Miss. 445

Syllabus

<p>When an appeal has been taken from a decree in chancery, dissolving an injunction, and the decree is affirmed and the case remanded, and an amended bill is afterwards filed, upon which a new injunction is granted, and upon the refusal of the chancellor to dissolve it, it is on appeal dissolved by the appellate court, upon which a supplemental bill is filed and a third injunction granted; this last injunction will be regarded as having been granted exclusively upon the allegations and statements of the last supplemental bill, and the former decisions will be regarded as conclusive on all the rights of the parties to the case, to the extent of the points adjudicated.</p> <p>F. and B., alleging themselves to be the owners of the equitable title to a tract of land, the legal title to which was in C. and D., gave G. a bond, with covenants of warranty, to make him a title to the land, and took from him his notes for the purchase-money, payable in instalments, G. having full knowledge of the nature of the title of F. and B. ; afterwards G. being being sued for the purchase-money by an assignee of F. and B., a judgment at law was obtained against him, and he filed his bill for an injunction, on the ground that, since the rendition of the judgment, the heirs at law of D. had obtained a judgment in ejectment against him for an undivided half of the land, which judgment was in full force and unreversed : Held, that there being no fraud on the part of F. and B., and it not affirmatively appearing that they could not enforce their alleged equitable right to the tract, or that it was any thing more than the naked legal title in the heirs of D. outstanding against them, no sufficient ground was laid for the injunction.</p> <p>It seems, however, as between the original parties it would have been otherwise if the judgment in ejectment had been in favor of one having the paramount legal title, or if it had been made to appear, by proof, that there was ■ a perfect title in the heir