Lorance v. Platt

Citations

• 67 Miss. 183

Syllabus

<p>1. Degree. Res judicata. Estoppel. Mortgagee in possession. Case in judgment.</p> <p>Mrs. Platt, with her husband, executed a trust deed on her lot to Klein’s bank to secure his debt, and put it in possession to collect the rents. The bank failed, and numerous attachments were levied on its effects, and several upon this lot, among them one in favor of Duffin. Mrs. Platt also attached the bank for a debt due her, and garnished her husband. Subsequently by general bill all the attachment suits were brought into tire chancery court to avoid multiplicity and adjust the priorities. Mrs. Platt was a party, but no issue as to the title of this lot was made up. By final decree all the attached property was ordered sold to pay the attachments. Decree was also rendered against Platt as garnishee in favor of Mrs. Platt for his indebtedness to the bank. Duffin bought this lot at sale under the decree, and took possession. Mrs. Platt brought ejectment. Held, that she was not estopped by the chancery proceedings ; that Duffin acquired no title or right to possession, and she was entitled to recover.</p> <p>2. Res Judicata. Doctrine stated.</p> <p>Parties to a suit are concluded only as to those matters which are of the essence of the cause, or so involved in the controversy that a decision of them would be decisive of the suit or of a material part thereof.</p>