Opinion
(September Term, 1894.)
Injunction — Controversy as to Ownership of a Fund — Preservation of the Fund During Suit.
Where there is a serious controversy as to the ownership of a fund, it is proper to preserve it by a restraining order until the rights of the contestants can be determined.
MOTION to continue a restraining order until the hearing, heard before Battle, J., at Spring Term, 1894, of GREENE. The defendant appealed.
Swift Galloway and J. B. Batchelor for plaintiff.
George M. Lindsay for defendant.
The fund here in dispute stands in the place of certain crops which the plaintiff insists belonged to him because he was the landlord of the defendant by whom they were raised. There being a serious controversy as to the true ownership of these crops, and therefore of this fund, it is proper to have it preserved till the rights of the contestants can be determined. We see no error in the order appealed from.
Affirmed.
(210)