Byrd v. Clarke
Mississippi Supreme Court
Appeal from the Chancery Court of JcicJcson County. Hon. W. Gr. HENDERSON, Chancellor. It is assigned for error : 1. That the court below erred in overruling the defendant’s 'demurrer to the complainants’ bill. 2. The court below erred in not dismissing the bill. Tbe scope of the bill is to arrest a sale’which would, as-alleged, cast a cloud upon complainants’ title.
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Appeal from the Chancery Court of JcicJcson County. Hon. W. Gr. HENDERSON, Chancellor. It is assigned for error : 1. That the court below erred in overruling the defendant’s 'demurrer to the complainants’ bill. 2. The court below erred in not dismissing the bill. Tbe scope of the bill is to arrest a sale’which would, as-alleged, cast a cloud upon complainants’ title. The judgment binds the interest of Borden ■ & Elder in the property, though it be only an equity of redemption. The sale of' Clarke to himself is absolutely void. 7 S. & M.y-609; 4 Mete., 325; 10 S. &’M., 35; 13 ib., 338’; 32…
1Opinion of the Court
Campbell, J.,
delivered the opinion of'the court. -
Appellants, on the 7th of November, 1873, obtained a judgment in the circuit court of Jackson county, against Borden & Elder. Prior to this Borden & Elder had executed’ a mortgage on -a large amount of real estate, including a steam saw *625aud grist mill, engines, boilers, and other fixtures to appellee, with power in him to sell the mortgaged property upon default in payment of the notes it was executed to secure. One of the mortgagors died after judgment rendered as aforesaid. The condition of the mortgage having been broken, appellee…
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