Day v. Girrs

Citations

• 117 Miss. 676
• 78 So. 609

Syllabus

<p>1. Mortgages. Foreclosure. Res judicata. Action on note.</p> <p>Where a corporation brings a, suit lor the foreclosure of sv deed of trust, a decree in such -case is not res judicata of an action by an individual on the notes secured by such trust deed.</p> <p>2. Vendor1 ajtd Purchaser. Lien notes. Suit. Parties.</p> <p>A suit can be brought in equity on a vendor’s lien note by one in his own name who is subrogated to the rights of the payee, without written assignment and in such case the payee need not be made plaintiff in the suit.</p>