Bell v. Clark, Hood & Co.

Citations

• 71 Miss. 603

Syllabus

<p>1. Mortgage. Joint debt. Limitation. Personal liability.</p> <p>A mortgage of her land by a wife, to secure the joint debt of herself and Husband, will, after his death, be binding on the land, although her personal liability for the debt be meantime barred by limitation, the debt as to his estate not being barred.</p> <p>2. Chancery Court. Joinder of complainants. Common interest. Cancellation.</p> <p>Where a bill is filed jointly by a mortgagee and mortgagor, the only interest • common to both being the cancellation of a trust-deed given by the latter to defendant, and the enjoining of a-sale thereunder, and the bill shows that the trust-deed is valid and enforcible as against such mortgagor, being merely junior in right to his co-complainant’s mortgage, a demurrer to the bill should be sustained.</p> <p>3. Same. Chancery pleading. Belief. General prayer.</p> <p>The demurrer should be sustained, notwithstanding a prayer in the bill for general relief, since, on the facts stated, no relief could be afforded the complainant mortgagor except such as is incidental to foreclosure of his mortgage, and the mortgagor is not a defendant, but a complainant-</p> <p>4. Same. General prayer. Certainty.</p> <p>While under the general prayer, any relief consistent with the bill, and within its scope, may be granted, .it must be such as can be afforded on the facts stated, and it must appear that defendant is fairly apprised of the relief sought. Weeks v. Thrasher, 52 Miss., 142.</p>