90 So. 595 | Miss. | 1921
delivered the opinion of the court.
Appellant filed a bill against appellee, charging that in a certain suit styled H. W. Rives v. F. D. Burrage, com
“Complainant further shows and charges that he recovered a decree made by this court on the-- day of-, 1921, against F. D. Burrage for rent of the same property named herein for the sum of six hundred and twenty-nine dollars for the same rents sued for in this case, but that said F. D. Burrage is wholly insolvent, and not one cent of said decree has been or ever can be collected out of him, and said charge against said Burrage is still wholly unsatisfied and unpaid, and the only means by which it can be collected is in this suit against M. S. McNeil for the time named herein, and on information derived from Bur-rage under oath as a witness complainant charges that the defendant herein collected all said rents, amounting to six hundred and twenty-nine dollars after paying taxes, and appropriated the same to his OAvn use” — which amendment the court disallowed.
It is contended here that the court below erred in two respects: First, in refusing to cancel McNeil’s title as a cloud; and second, in refusing to render a personal decree
We think, however, the chancellor was correct in refusing to render a personal decree against McNeil for the rents for which complainant had obtained judgment against Burrage. Murphy v. Hutchinson, 93 Miss. 643, 48 So. 178, 21 L. R. A. (N. S.) 785, 17 Ann. Cas. 611. The authorities upon the question here involved were reviewed by' this court elaborately in said opinion, and we think it is conclusive on the facts in this case. It follows therefore that the judgment of the court below will be reversed in part and affirmed in part, and the costs be divided equally between appellant and appellee, and judgment rendered here.
Reversed and rendered.