Chiles v. Champenois

Citations

• 69 Miss. 603

Syllabus

<p>1. Kes .Judicata. Bill to remove clouds from title. Decree.</p> <p>Complainant’s title having been put in issue, a decree on final hearing' dismissing a bill to remove clouds, though resulting from a defect of proof, is res judicata, and bars a subsequent suit by him against the same parties involving the title to the same land.</p> <p>2. Parties. Bill to redeem. Sale in pais. Case.</p> <p>Complainant, in a bill to remove clouds and cancel incumbrances, was decreed the right to redeem a half-interest in the land as against the lien of a trust-deed in favor of defendants. A co-heir owned this half-interest jointly with her, subject to the lien of the trust-deed. Held, that it is no valid objection that such co-owner was not joined as a complainant, since the decree authorized a sale by the trustee in pais, and not by a commissioner of the court.</p>