Hardie v. Bulger
Mississippi Supreme Court
From the chancery court of Harrison county. Hon. Sylvanus Evans, Chancellor. The facts appear in the opinion. 1. The amendment to the bill was repugnant to the former pleadings and not only changes the character of the suit but makes a new one. The original case, as set down for final hearing, involved the validity of the first trust-deed and bonds alone. The amendment presents the issue of the validity also of a second •series of bonds and the trust-deed to secure them.
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From the chancery court of Harrison county. Hon. Sylvanus Evans, Chancellor. The facts appear in the opinion. 1. The amendment to the bill was repugnant to the former pleadings and not only changes the character of the suit but makes a new one. The original case, as set down for final hearing, involved the validity of the first trust-deed and bonds alone. The amendment presents the issue of the validity also of a second •series of bonds and the trust-deed to secure them. No action was being taken or threatened on the second trust-deed. No breach of its condition had occurred. The…
1Opinion of the CourtCooper, J.
The demurrer of the appellant to the amendment was properly overruled. Appellant is trustee in a deed executed by the hotel company, to secure the payment of a series of bonds, some of which are owned by the appellant, and some by Howard, who was one of the directors when the resolution of the board of directors was passed authorizing the execution of the mortgage and the sale of the *581bonds thereby secured. The original bill assailed the validity of the mortgage (or deed of trust), and the good faith of the directors and holders of the bonds in reference to their issuance and sale. This bill,…
2Cases cited2 opinions
- Waller v. ShannonMississippi Supreme Court · 1876
- McGowan v. McGowanMississippi Supreme Court · 1873
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