Bomer Bros. v. Warren County

Citations

• 103 Miss. 343
• 60 So. 328

Syllabus

<p>1. Discovert. Equity. Right. Jurisdiction. Complete relief. Constitution 1890, section 160.</p> <p>Where a county leased sixteenth section school land to a lessee who sold the timber on the land to another and this vendee sold to still another party and all the parties cut and wasted the timber on said land and the county is unable to ascertain the quantity and kinds of timber on the land cut by each of such parties, that fact being exclusively within the knowledge of said parties, a bill by the county against all of said parties will lie, to obtain information showing the timber so cut by each, to the end that proper recovery may be made from each.</p> <p>2. Same.</p> <p>Where several persons are participants in a fraud on plaintiff, he may file a bill of discovery against all of the participants jointly although such persons have distinct interests and participate in different degrees in the fraud, provided the fraud consisted of one connected series of acts.</p> <p>3. Eqtjitt. Jurisdiction. Complete relief. Constitution 1890, section 160.</p> <p>Where the chancery court takes jurisdiction for the purpose of discovery, it may grant full relief in the case, under the power conferred by the Constitution 1890, section 160, providing that where the court heretofore exercised jurisdiction auxiliary to courts of common law, it may exercise such jurisdiction to grant the relief sought, although the legal remedy may not have been exhausted, or the legal title established by suit at law.</p>