Valentine v. McGrath

Citations

• 52 Miss. 112

Syllabus

<p>1. Chancery PRACTICE : Cross-bill. Fees of counsel. Case in judgment.</p> <p>Complainants filed their bill to enjoin execution sale of lands, setting up title-in themselves. Defendants answered, and made their answer a cross-bill,, charging fraud on the part of complainants in procuring title, etc. They succeeded in the litigation, whereupon the court appointed a commissioner to-sell the land and pay the judgments, and also decreed payment of $1,200 fees-to solicitor of the defendant in the injunction bill. Held, that the chancery court has no authority to authorize the commissioner to pay the fees of counsel for defendants in the injunction bill out of the proceeds of the sale of the lands.</p> <p>2. Same : Same : Relief.</p> <p>, When a party goes into a court of chancery to arrest the sale of lands under execution, claiming title to the lands, he voluntarily subjects himself to all the incidents of a chancery suit, and may not only be defeated in his claim asserted by his bill, but to be met by a cross-bill seeking affirmative relief; and, when he is met by cross-bill charging him with fraud in procuring deeds to the land, he cannot be heard to say that the proper parties to the deeds were not before the court; and if the charge of fraud as set up in the cross-bill be sustained, the original complainant may be perpetually enjoined, and this would not affect the rights of parties to the deeds who were not before the court.</p>