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· 10/15/1883

Shackelford v. Smith

Citations

  • 61 Miss. 5

Syllabus

<p>Injunction Bond. Suit for damages. Condition precedent.</p> <p>Where tbe final decree in a proceeding to enjoin a sale under a deed of trust provides tliat tbe injunction shall be continued until a collateral security held by the cestui que trust is delivered to the complainant, no suit can be sustained on the bond until this condition is performed although the decree declares that the injunction is dissolved and remits the parties to the law court to settle the question of damages.</p>

Judges: Cooper

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