Jackson v. Lemler
Mississippi Supreme Court
From the chancery court of Washington county. HoN. A. MoO. Kimbrough., Chancellor. The appellants, Jackson and wife, and the appellee, Lemler, and others, were all defendants to the original suit in the court below, which original suit was begun by Reuben W. Millsaps, complainant. The facts were these: In 1891 Jackson and wife, appellants, owed appellee, Lem-ler, $780, and in February of that year they executed a mortgage on land, their homestead, to secure the debt.
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From the chancery court of Washington county. HoN. A. MoO. Kimbrough., Chancellor. The appellants, Jackson and wife, and the appellee, Lemler, and others, were all defendants to the original suit in the court below, which original suit was begun by Reuben W. Millsaps, complainant. The facts were these: In 1891 Jackson and wife, appellants, owed appellee, Lem-ler, $780, and in February of that year they executed a mortgage on land, their homestead, to secure the debt. The debt, evidenced by a promissory note, and the mortgage securing it were transferred and assigned by appellee, Lemler, to…
1Opinion of the CourtTkuly, J.
The court below erred in sustaining the motion to strike out the amended cross-bill of appellants, because filed without leave, and then refusing leave to file when asked. The decree for foreclosure and sale obtained by the original complainant was only finally decisive of the question therein involved; that is, that he was entitled to the relief prayed for against all the defendants to his bill of complaint. This decree in no manner affected the relative rights of defendants, and was in no sense an a judication of the equities which might exist among themselves. The terms of the decree show…
2Cases cited1 opinion
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