Park v. Meek
Park v. Meek
Opinion of the Court
delivered the opinion of the court.
Under a bill filed by S. W. Inman and F. B. Cowan, executors of Robert Hamilton, deceased, against the heirs and creditors of their testator for the administration of the estate, a house and lot was sold by the cleric and master as the property of the estate, on the 6th of July, 1868, and bought by a third person, who transferred his bid to complainant Inman. In-man made the cash payment required, and gave his note with security, at six months, for $949, the residue of the purchase price. On the 15th of January, 1876, this note remaining unpaid, judgment was taken for the amount due, and the clerk and master was ■directed, if the money was not paid in sixty days, to sell the land in satisfaction thereof, but suspended the sale until the final hearing of the cause. On the
It has been repeatedly held by this court that the sections of the Code cited do not apply to an order granting a temporary injunction, or an order dissolving such an injunction. McMinnville & Manchester R. R. Co. v. Huggins, 7 Col., 217; Mabry v. Ross, 1 Heis., 769; Redmond v. Redmond, 1 Tenn. Leg. Rep., 361. In the last of these cases, it was well said that to supersede an order dissolving an injunction would be, in effect, to grant an injunction. For it could only be done by holding that the complainant was entitled to the injunction asked for. If, however, the Chancellor had refused the injunction in the first instance, it would scarcely be contended that the application could be renewed before us by superseding his order of refusal. Whether desirable or not, the act of 1851, carried into the Code in the sections cited, was not designed to give this court immediate supervisory control over the fiats and orders of the inferior courts and judges, in the grant or refusal of extraordinary process, or over such orders as are only meant to preserve or impound property pending litigation, without adjudging rights. It was intended to meet those cases, fortunately rare, where, in advance of a hearing on the merits, from which the losing party may take an appeal, the inferior court makes an order actually determining rights, and orders its enforcement. The writer of this opinion knows that the act owes its origin to the making of such an order in the Chancery Court for the county of Shelby, by which one of the litigants
Case-law data current through December 31, 2025. Source: CourtListener bulk data.