Taltavall v. Marigny

Citations

• 91 Miss. 873
• 45 So. 465

Syllabus

<p>1. Decrees. Parties. Conclusiveness. Those as to whom suit dismissed not hound. Chancery practice.</p> <p>A final decree of the chancery court cannot affect the interest of a defendant dismissed from the suit before its rendition.</p> <p>2. Same. Res adjudicata. Husband and wife. Conveyance of homestead. Alimony.</p> <p>Where a wife sued her husband in equity for alimony, making the grantee in the separate deed of the husband to his homestead a defendant, and sought to subject the land to the payment of the sum demanded of the husband, a decree sustaining the grantee’s demurrer to the bill and dismissing the suit as to him will preclude the wife from subjecting the land to any personal decree obtained in the suit against the husband.</p>