Clark v. Sipple

Citations

• 10 Del. Ch. 144
• 87 A. 1005
• 1913 Del. Ch. LEXIS 12

Syllabus

<p>The defendants had brought in the Superior Cpurt an action of scire facias on a mortgage made by the complainant, who filed a bill for discovery and to enjoin the suit at law, one ground being that the mortgagor had not only paid the debt in full, but by mistake of the mortgagor, and through the fraud of the mortgagee, had overpaid it.- Held, on a re-argument, that though the amount overpaid could not be recovered in the suit at law, the Court of Chancery did not have a right to take jurisdiction of the whole cause for the purpose of avoiding multiplicity of suits, for the reason that it could not, without a cross-bill to foreclose the mortgage, settle the whole controversy in case the complainant failed to sustain the bill.</p>