Yates v. Mead

Citations

• 69 Miss. 473

Syllabus

<p>Chancery Court. Interpleader. Injunction bond. • Breach.</p> <p>Where the owner of land enjoins its sale under execution, and in the same suit interpleads the holder of.a conflicting lien,'and pays into court a sufficient sum to satisfy either claim, and the final decree awarding the fund to the execution creditor is silent as to the injunction, the latter cannot recover on the injunction bond his expense incurred in the suit, .for, since the suit was maintained, in that it effected,a contest between the rival claimants, there was no breach of the bond.</p>