Mills v. Mason

<p>Abstract of the Decision.</p> <p>1. Mortgages, § 393*—when holder of part of notes may declare forfeiture. Option clause in a trust deed giving holder of notes right to declare whole amount due in case of default in payments or waste, held to authorize a holder of a portion of the notes to exercise the option where another clause, referring to such option clause, shows that intention.</p> <p>2. Mortgages, § 480*—supplemental hill. An original bill, insufficient because notice of default was not given before suit was begun but sufficient to restrain defendant from committing waste, may be aided by a supplemental bill setting up subsequent service of such notice.</p> <p>8. Mortgages, § 487*—when defense not set up by cross-bill. In proceeding by holder of the notes to foreclose, defendant claiming he is the equitable owner of such notes may set up such fact as a defense without a cross-bill</p> <p>4. Equity, § 263*—supplemental bill. An original bill sufficient for one kind of relief prayed is a sufficient foundation for a supplemental hill for other and more extensive relief.</p> <p>5. Appeal and error, § 352*—when party entitled to appeal after parting with his interest. A party having disposed of his interest pendente lite may appeal where his grantees were not made defendants in his stead and he continues as the only party representing their interests.</p> <p>6. Appeal and error, § 1447*—when dismissal of cross-bill harmless. Error in dismissing a cross-bill is immaterial where the same facts contained therein were afterward set up in an answer and a full hearing was had upon the issues thus raised.</p> <p>7. Appeal and error, § 1041*—when assignment of errors treated as a separate assignment.. An assignment of errors purporting to be made by all the defendants “jointly and severally” may be treated as a separate assignment where only one defendant appeals.</p>