Hampton v. Pool ( 1859 )

By the Court.

Lumpkin, J.,

delivering the opinion.

We think the case made by the hill and proof did not authorize a decree for damages. Pool has not yet been injured. True, he is in peril, and is entitled to the security which he prays for in his bill, still, until he accounts With Cox, he cannot recover damages of Hampton. With this exception, we see no error to correct in the record.