Atkinson v. Felder

Citations

• 78 Miss. 83

Syllabus

<p>1. Chancery Court. Jurisdiction. Complete relief. Legal rights.</p> <p>Where the chancery court has taken jurisdiction of a suit because of an equitable feature charged in the bill, it should, although such feature be not maintainable under the evidence, adjudicate the legal rig'hts of the parties.</p> <p>2. Same. Void mortgage. Joint note. Uusba/nd and wife.</p> <p>In a suit to foreclose á mortgag-e on the land of the wife, executed by husband and wife to secure their joint note, if the chancery court adjudges the debt invalid as to the wife, and the mortgage void because of her insanity, it should, nevertheless, exercise its j urisdiction to render a personal decree against the husband for the debt due from him to the complainant.</p> <p>3. Same. Code 1892, §592. Constitution 1890, see. 147.</p> <p>In maintenance of above propositions, code 1892, § 592, authorizing personal decrees for balance after sale of mortgaged property, and constitution of 1890, sec. 147, prohibiting reversals by supreme court for certain errors of jurisdiction, are cited by the court.</p>