HOLMES, J.
The appellee instituted this suit against the appellant as an attachment in chancery by filing his original bill in the Chancery Court of Jackson County, seeking the recovery of damages for malicious prosecution. The bill alleged the non-residence of the appellant, and the ownership of lands by him in the State of Mississippi, and further alleged that the appellant, with full knowledge of the innocence of the appellee, wilfully, wantonly, unlawfully,
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