Aust v. Rosenbaum
Mississippi Supreme Court
From the chancery court of Noxubee county. Bill in equity by J. H. Aust et al. against C. Rosenbaum, seeking to redeem mortgaged premise’s. From the decree of the court below denying redemption, complainants appealed.
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From the chancery court of Noxubee county. Bill in equity by J. H. Aust et al. against C. Rosenbaum, seeking to redeem mortgaged premise’s. From the decree of the court below denying redemption, complainants appealed. Pending the suit in the court below an effort was made by Rosenbaum to sell the land in controversy under the mortgage, which was in form a deed of trust, and the complainants obtained, on a supplemental bill, an injunction against the sale; but before its actual service the land was sold, and Rosenbaum was declared the purchaser. The facts in reference to this sale were brought…
1Opinion of the CourtWoods, C. J.
The original bill, and the first and second supplemental bills, should have been regarded and treated together as one pleading in the court below. Both supplemental bills set up matters transpiring subsequently to the filing of the original bill, and matters, too, arising because of the wrongdoing of the respondents in their disregard for and contempt of the authority of the chancery court. Considered, then, as one complaint, and not as three, as was done below, we find a bill exhibited in a threefold aspect, viz.: a bill for a discovery and an accounting, for relief from usurious interest…
2Cases cited3 opinions
- Casserly v. . WitherbeeNew York Court of Appeals · 1890
- American Freehold Land & Mortgage Co. v. JeffersonMississippi Supreme Court · 1892
- Johns v. SmithMississippi Supreme Court · 1879
3Cited by6 opinions
- Purvis v. WoodwardMississippi Supreme Court · 1901
- Peeples v. YatesMississippi Supreme Court · 1906
- Nestor v. DavisMississippi Supreme Court · 1911
- Dilcher v. DilcherWest Virginia Supreme Court · 1918
- Spinks v. JordanMississippi Supreme Court · 1914
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