Hubbard v. Flynt

Citations

• 58 Miss. 266

Syllabus

<p>Res Adjudicata. Chancery practice. Bill asserting trust. Sale. Bill to set aside.</p> <p>Where a suit is pending in which the complainant is seeking to establish a trust in a tract of land against the holder of the legal title and his mortgagee, and the latter causes the land to be sold under a power in his mortgage, and purchases the same, the complainant may file an amended or supplemental bill to set aside such sale, if there be any ground therefor, but he also has the right to await the result of his suit, and then file an original bill, upon sufficient cause, attacking such proceedings of sale; and a bill filed for this purpose cannot be defeated on the ground of res adjudicata, if the matters contained therein were not presented by the pleadings in the former suit. And the mere fact that such matters might have been introduced into the former suit if the complainant had chosen to do so, does not make them res adjudicata.</p>