Butler v. Scottish-American Mortgage Co.

Mississippi Supreme Court March 15, 1908

Butler v. Scottish-American Mortgage Co., 93 Miss. 215 (Miss. 1908)

46 So. 829

Mayes

Opinion of the Court

Mayes, J.,

delivered the opinion of the court.

In order to avoid a multiplicity of suits, this bill was and should have been sustained. Since the jurisdiction of the chan*218eery court attached for this purpose, it may proceed in this oue suit to adjudicate all matters in volved in the controversy. When-the case of Hill v. Billingsley, 53 Miss. 117, was decided, the constitution of the state was quite different from what it is at this time, and the reasons there given for allowing the plaintiff to proceed at law pending the suit in chancery axe without force since the adoption of section 160, of the constitution of 1890.

Reversed and remanded.

Reference

Full Case Name: Ralph P. Butler v. Scottish-American Mortgage Company
Cited By: 1 case
Status: Published
Syllabus: Chancery Courts. Jurisdiction. Equity. Constitutional law. Constitution Í890, seo. 160. Injunction. Suit at law. Multiplicity of suits. A defendant in ejectment, having an equitable defense, may enjoin its prosecution, under Constitution 1890, sec. 160, enlarging the jurisdiction of the chancery court, without yielding any legal defense that he may have to the suit; and all defenses in such case may be made in equity, thus preventing a multiplicity of suits.