Yates v. Mead
Mississippi Supreme Court
Yates v. Mead, 69 Miss. 473 (Miss. 1891)
Campbell
Yates v. Mead
Opinion of the Court
delivered-the opinion of the court.
This case was decided correctly by the .circuit court. There was no breach of the condition of the bond, for the injunction was never .dissolved, formally or in effect. On the contrary, the suit of the appellees, in which the boud was given, was maintained so far as to result in a contest between Mrs. Yates and Strong as to which was entitled to the money
Affirmed.
Reference
- Full Case Name
- Mary L. Yates v. W. K. & J. W. Mead
- Status
- Published
- Syllabus
- Chancery Court. Interpleader. Injunction bond. • Breach. 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.