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· 3/15/1910

Walker-Durr Co. v. Mitchell

Citations

  • 97 Miss. 231
  • 52 So. 583

Syllabus

<p>Equity. Injunction. Restraining void judgment. Complainant must do equity.</p> <p>The sureties on a tenant’s replevin bond cannot enjoin a judgment rendered thereon in the landlord’s favor against them and the tenant, even if the judgment be void, where, by reason of having acquired agricultural products subject to the landlord’s claim for rent, they justly owe the landlord the amount of' the rent for which the judgment was rendered and make no offer to pay him, since “he who seeks equity must do equity.”</p>

Judges: Anderson

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