Speight v. Porter
Mississippi Supreme Court
In error from the circuit court of Tippah county; Hon. Hugh R. Miller, judge. The facts are sufficiently set forth in the opinion of the court. Another suit was brought, and is now pending, on the chancery side of the circuit court docket, by Porter, in which Speight is made a cocomplainant with him to enforce the vendor’s lien on the real estate for which the note sued on was given.
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In error from the circuit court of Tippah county; Hon. Hugh R. Miller, judge. The facts are sufficiently set forth in the opinion of the court. Another suit was brought, and is now pending, on the chancery side of the circuit court docket, by Porter, in which Speight is made a cocomplainant with him to enforce the vendor’s lien on the real estate for which the note sued on was given. It is contended that Porter, having abandoned his guarantee on the note, and elected to prosecute his lien against the land, ought not to recover in this action. Before the plaintiff can recover, he should aver a…
1Opinion of the CourtJustice Fishee
The plaintiff in error was sued as indorser of a writing obligatory in the circuit court of Tippah county.
The defence set up to the action was, that the plaintiff below had filed a bill in equity to enforce the vendor’s lien on certain lots, against the principal in said obligation. To which grounds of defence the plaintiff demurred, and the demurrer was sustained.
This was no defence whatever to the action against the in-dorser, as the decree could only subject the lots to the payment of the note, and could not operate as a personal judgment against the principal. Indeed, if it did so…
2Cited by1 opinion
- Anderson v. NewmanMississippi Supreme Court · 1882