G. W. Byrne & Co. v. Taylor

Citations

• 46 Miss. 95

Syllabus

<p>1. Chancery — parties—administrator op deceased mortgagor not necessary dependant to BIRD to PORECDOSE. — The administrator of a deceased mortgagor is not a necessary party defendant to a hill to foreclose the mortgage. A fortiori may the heir alone be proceeded against where there is no administrator.</p> <p>2. Same — same—widow oe mortgagor is a necessary debend ant to bile to foreclose mobtgage. — The widow of a deceased mortgagor is a necessary party defendant to a hUl to foreclose the mortgage in which .she had joined.</p> <p>3. Deed oe mabbied woman — acknowledgment—not the practice to show eob what she UNITES. —It is not the practice to incorporate in the body of the deed, or the acknowledgment or recital, that the wife unites in the conveyance to alienate her right of dower.</p> <p>A General pbayeb eob belief — court may adapt decree to the circumstances oe the case. — Under the general prayer for relief the court can adapt the decree to the circumstances of the case by giving a day of payment of the mortgage debt before the sale is made.</p> <p>5. Pasties alluded to in pbayeb oe bill. — That the prayer of the bill contains a request that incumbrancers, if any subsequent to the mortgage, may be made parties and be barred, does not make the bill defective for want of such parties.</p> <p>6. Exhibits to bill not looked at on demurrer. —The bill is all that can be looked to in determining its sufficiency on demurrer.</p>