Easter v. Riley

Citations

• 79 Miss. 625

Syllabus

<p>Chancery Court. Amendments. Statute of UmitaMons. New case. Mortgagor and mortgagee.</p> <p>Although an original bill to foreclose a mortgage on land would tben be barred by the six years’ statute of limitations, a purchaser under a foreclosure in pais, who before the bar attached has filed a bill against the mortgagor to quiet his title and get possession, may, when it appears by the answer of the mortgagor that his title is invalid by reason of defects in the sale, concede such invalidity, and amend the prayer of his bill so as to pray for and procure a foreclosure, when the bill contains every allegation necessary to sustain a foreclosure.</p>