Mississippi Supreme Court, 1908

Butler v. Scottish-American Mortgage Co.

Mississippi Supreme Court · Decided March 15, 1908 · Mayes

93 Miss. 215; 46 So. 829

Cases that cite this one

1 later published case cites this decision.

Scottish American Mortgage Co. v. Butler (Miss. 1910)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.