Middleton v. Howell

Citations

• 127 Miss. 880
• 90 So. 725

Syllabus

<p>1. Boundaries. Circumstances stated called for equity to asstime jurisdiction of boundary dispute between parties claiming through common grantor.</p> <p>Courts of equity have jurisdiction to settle or establish boundaries, where parties claiming through a common grantor claim under separate grants with warranty of title, each of which refer to a stream as a boundary of part of their conveyance, and where there is a bona-fide dispute as to which stream is referred to; there being two streams, one of which is claimed by the common grantor and one of the grantees to be the stream, while the other grantee claims a different stream, and where separate suits might result in confusion as to which was the stream referred to, and might cause numerous suits between the parties.</p> <p>2. Covenants. Bquity may relieve grantee in case of breach of warranty, where there has been no actual ouster.</p> <p>Equity has jurisdiction to grant relief to a grantee in a warranty, even though there has been no actual ouster, where the grantee must yield to a superior title; and may in such suit determine whether the prior conveyance is a superior title.</p> <p>3. Equity. Has jurisdiction of causes to save a multiplicity of suits, where parties’ interests have common origin or are properly connected, though it may require separable judgments.</p> <p>Equity has jurisdiction of causes to save a multiplicity of suits, and where the interests of all parties have a common origin, or flow from the same center, or radiate from the same center, or have a common connecting link, then equity may retain jurisdiction, even though it may require adjudicating separate rights of action and rendering separable judgments. Roberts v. Burwell, 117 Miss. 451, 78 So. 357, cited.</p>