Brooks v. Martin

Citations

• 62 Miss. 217

Syllabus

<p>1. Chancery Practice. Bill to redeem, land. Oross-bill against co-defendant for breach of warranty.</p> <p>A defendant against whom a bill has been filed to redeem land held by him as an equitable mortgagee under an absolute deed with warranty of title, has no right to file a cross-bill against his grantor, who is a co-defendant, to obtain a decree for the amount which may be due him on account of the breach of such grantor’s warranty of title, in the event the complainant in the original bill shall be permitted to redeem the land.</p> <p>2. Same. Oross-bill upon contemplated cause of action.</p> <p>A defendant in chancery cannot maintain a cross-bill against a- co-defendant (nor could he maintain an original bill) upon a contemplated cause of action to arise if the complainant in the original bill shall obtain the relief which he seeks against such defendant.</p>