Samuel Freeman Miller

“ The defendant had brought an action of ejectment to recover their possession, and, having a prima facie title of record upon which he could recover, this bill was filed for the purpose of setting up an equitable defense. Thereupon a temporary injunction was allowed restraining Craig from prosecuting his action of ejectment until the chancery suit was decided. The allegation of the bill was that a deed under which the plaintiff in the ejectment suit asserted title was executed as a mortgage, with a written contract of defeasance when the money loaned should be repaid. ”

“ To this bill a demurrer was filed, upon which the court made an order in the following language: 'If the plaintiff will amend bill and bring into court proper amount of money to redeem and pay taxes, all of same to bear interest from time money was due, and interest on taxes from date of payment, at present rate of interest, then perpetual injunction can be allowed. Costs of both suits to abide further order.' Afterwards the plaintiff did file an amended bill, to which likewise there was a general demurrer. ”