Hartman v. Absalom Pickering

Citations

• 84 Miss. 427

Syllabus

<p>1. Chancery Practice. Res adjudieata.</p> <p>A complainant in an equity suit cannot escape a plea of res adjudieata by bringing the suit in tbe name of another, not a party to the previous suit, for his use.</p> <p>3. Same. Pro eonfesso.</p> <p>A final decree of the chancery court predicated of a pro eonfesso just as effectually ajudicates the rights of the parties as any other final decree.</p> <p>3. Same. Concrete ease.</p> <p>A suit in equity enjoining an action of ejectment and seeking a reformation of deeds and a sale of the lands to satisfy certain liens, under a defective foreclosure of which the complainant acquired an interest in the land, to which a tenant of the complainant, an assignee of the lease, claiming a conditional right to become a purchaser at the end of the lease, is made a defendant and who is charged to have colluded with the plaintiff in ejectment in order to defraud the complainant, and which culminates in a decree in complainant’s favor directing the sale of the lands, subject to certain adjudicated rights of the tenant, will preclude the tenant from asserting any greater rights than those awarded him by the decree.</p>