Sledge v. Obenchain
Mississippi Supreme Court
Appeal from the Chancery Courts of Grenada County. Hon. J. B. Morgan, Chancellor. This was a bill with a prayer in the alternative, to vacate conveyances as fraudulent as to a subsequent mortgage or to foreclose a prior mortgage.
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Appeal from the Chancery Courts of Grenada County. Hon. J. B. Morgan, Chancellor. This was a bill with a prayer in the alternative, to vacate conveyances as fraudulent as to a subsequent mortgage or to foreclose a prior mortgage. After the decision upon a former appeal (58 Miss. 670) reversing the Chancellor’s decision in so far as he held the first mortgage extinguished, but sustaining that part in which he held the conveyance by the mortgagor to the appellees valid as against the second mortgage, a decree was entered in the Chanceiy Court conforming to the opinion, but taxing all the costs…
1Opinion of the CourtCooper, J.
Where costs are not a matter of right, but may or may not be given by the Chancellor in the exercise of judicial discretion, it has been held in many cases that no appeal lies from a decree where the only complaint is that such costs were or were not given. 2 Dan. Ch. Prac. 1377, n. 2. But where costs are given contrary to the established practice of the court, an appeal lies. Winslow v. Collins, 3 Paige, 88. It is evident that in all cases the appellate court must examine the record of the proceedings in the lower court sufficiently to enable them to determine whether the action of the court…
2Cases cited1 opinion
- Winslow v. CollinsNew York Court of Chancery · 1831
3Cited by2 opinions
- Schwander v. RubelMississippi Supreme Court · 1954
- Schwander v. RubelMississippi Supreme Court · 1954