Hubbard v. Flynt
Mississippi Supreme Court
Appeal from the Chancery Court of Tishomingo County. Hon. Lafayette Haughton, Chancellor. In March, 1877, Nancy Hubbard filed a bill in chancery against the heirs of her deceased son, Green Hubbard, and against his mortgagee, H. A. Flynt, for the purpose of establishing in her favor a trust in a tract of land of which her son died seized, and which, in his lifetime he had mortgaged to Flynt.
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Appeal from the Chancery Court of Tishomingo County. Hon. Lafayette Haughton, Chancellor. In March, 1877, Nancy Hubbard filed a bill in chancery against the heirs of her deceased son, Green Hubbard, and against his mortgagee, H. A. Flynt, for the purpose of establishing in her favor a trust in a tract of land of which her son died seized, and which, in his lifetime he had mortgaged to Flynt. In May, 1877, after answers had been filed, but before the hearing had been reached, Flynt caused the land tobe sold under his mortgage, which contained a power of sale, and himself became the purchaser…
1Opinion of the CourtCampbell, J.
It is not true that appellant- was compelled to exhibit a supplemental bill in her former suit to have the sale made after her bill was filed set aside. She might have done so ; but she had the right to await the result of her suit, and then to exhibit her bill to assail the proceeding in execution of the power of sale in the mortgage. The matter of this bill was not adjudicated in the former suit. It was not presented by the pleadings, and, therefore, could not have been adjudicated. The mere fact that it might have been introduced into the suit if the complainant had chosen to do so, does…
2Cited by14 opinions
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