Bowdre v. Carter

Citations

• 64 Miss. 221

Syllabus

<p>1. Deed oe Teust. Contract for supplies and money. Privilege license of merchant. Case in judgment. Section 589, Code 1880.</p> <p>R., a merchant, was doing business without a privilege license. C. and T. executed a deed of trust in his favor in consideration of certain supplies and-money to be furnished to them at intervals. The trustee was about to sell the property, when 0. filed a bill for an injunction on the ground that R. had not complied with his contract. A temporary injunction was granted. R. answered, made his answer a cross-bill, with 0. and T. as defendants, and prayed that the injunction he dissolved, that an account he taken, and the land sold to satisfy what might be found due him. T. answered this cross-hill by setting up the invalidity of the trust-deed under $ 589, Code of. 1880, which provides that “ all contracts in reference to the business ” of a person carrying on such business in disregard of the law requiring him to take out a privilege license “ shall he null and void so far as such person may base a claim upon them.” C. adopted the answer of T. The Chancellor dismissed the cross-bill and made the injunction against the sale of the land perpetual. Held, that the action of the court below was correct.</p> <p>2. Same. Invalidity, of. Jurisdiction of chancery. When personal decree improper.</p> <p>In the'case above stated, the court having properly adjudged the deed of trust, which was the basis of its jurisdiction, to he invalid, it was not error to refuse to render a personal decree for the amount which the complainant in the cross-bill showed to be due by the defendants therein for money and goods furnished them while R.’s business was being conducted under a privilege license, the remedy for the recovery of such amount being adequate at law.</p> <p>3. SajNÍe. Invalidity of. How taken advantage of. Chancery court. Case in judgment.</p> <p>The defendant, R., in the above stated case, having in his cross-hill prayed affirmative relief on