Butler v. Scottish-American Mortgage Co.
Mississippi Supreme Court
Prom the chancery court of PranMin county. Hon. J. S. Hicks, Chancellor. The Scottish-American Mortgage Company, appellee, was complainant in the court below; Butler and others, appellants, were defendants there. Prom a decree overruling defendants’ demurrer to the complainant’s bill the defendánts appealed to the supreme court.
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Prom the chancery court of PranMin county. Hon. J. S. Hicks, Chancellor. The Scottish-American Mortgage Company, appellee, was complainant in the court below; Butler and others, appellants, were defendants there. Prom a decree overruling defendants’ demurrer to the complainant’s bill the defendánts appealed to the supreme court. The Scottish-American Company sued out an injunction against Butler and others to restrain them’from prosecuting an action of ejectment brought by them against it and others. The bill of complaint set forth that, in 1888, one Nathan BuncHey, since deceased, executed a…
1Opinion of the CourtMayes, J.
In order to avoid a multiplicity of suits, this bill was and should have been sustained. Since the jurisdiction of the chan*218eery court attached for this purpose, it may proceed in this oue suit to adjudicate all matters in volved in the controversy. When-the case of Hill v. Billingsley, 53 Miss. 117, was decided, the constitution of the state was quite different from what it is at this time, and the reasons there given for allowing the plaintiff to proceed at law pending the suit in chancery axe without force since the adoption of section 160, of the constitution of 1890.
Reversed and remanded.
2Cases cited1 opinion
- Hill v. BillingslyMississippi Supreme Court · 1876
3Cited by1 opinion
- Scottish American Mortgage Co. v. ButlerMississippi Supreme Court · 1910