Bass v. Nelms

Citations

• 56 Miss. 502

Syllabus

<p>1.' Injunction. Release of errors in judgment. Sect. 1047, Code 1871.</p> <p>Sect. 1047 of the Code of 1871 provides that, “ when an injunction shall be granted to stay the execution of a judgment at law, in whole or in part, the issuance of such injunction shall operate as a release of all errors in the judg- ’ ment, in the same manner as if the party had signed and sealed a release of such errors.” Under-this section, the issuance of the injunction only operates as a release of such errors as might be assigned against the enjoined judgment, in this court, and not of matters de hors the record, — as, that the judgment was obtained by fraud.</p> <p>2. Same. Successive bills. Splitting up cause of suit.</p> <p>A defendant in a decree, having several grounds of objection against it, and having first enjoined its execution upon some of those grounds, is not permittecl, after the dissolution of such injunction, to enjoin the execution of the decree upon the other grounds known to him at the time of filing the first bill; and if his second bill contains any ground not known to him at the time of filing the first, it must show that fact. The rule that a party cannot split up his cause of suit, and litigate Qne part at one time and the other at a subsequent time, is especially applicable in suits for injunction against judgments and decrees.</p> <p>8. Chanckby. Pleading. When bankrupt a necessary party.</p> <p>By an adjudication of bankruptcy the bankrupt loses all interest in his' land, except where he is entitled to a homestead exemption; and when the land is bound for the purchase-money thereof, he is only entitled to claim a homestead after the purchase-money has been paid, or to claim the surplus money over süch payment; and, therefore, a decree in a suit to enforce the vendor's lien against the land of the bankrupt will not be disturbed because he was not made a party-to the proceedings, where the land did not sell for enough to pay the purchase-money due thereon,