Vierra v. Fontes

Bill of Exceptions—Amendments Allowed not Engrossed—Insufficient Certificate—Appeal.—A certificate of the judge, appended to the original draft of the bill of exceptions, certifying that “the foregoing bill of exceptions, with the amendments thereto, offered by the defendant, which are allowed, is true, and correct, and is hereby allowed and settled,” without in any manner identifying the amendments, which were not engrossed, is insufficient, and such bill of exceptions must be disregarded upon appeal.

Id.—Equity—Accounting against Mortgagee—Decree of Foreclosure not Prated for—Jurisdiction to Award Full Belief.—Where the plaintiff sued in equity for an accounting by the defendant as mortgagee in possession of a dairy business, under a bill of sale made as security for debt, and alleged the receipt of profits in excess of the debt, and prayed for the accounting and for judgment for the excess, and for a reconveyance of the property, and the defendant took issue upon the averments of the complaint, alleged an absolute purchase, and merely prayed that he be dismissed with costs, the court of equity, upon such accounting, had jurisdiction to administer full relief, and do complete justice between the parties, so as to prevent further litigation between them. Where the court found that the transaction was a mortgage, and that the plaintiff was indebted to the defendant, it had jurisdiction to render an affirmative judgment in his favor, and to order the sale of the property, to pay such debt, though not prayed for.

Id.—Estoppel of Plaintiff—Besult of Accounting.—The plaintiff, having brought the defendant into the court to compel an accounting, is in no position to complain of the result of the accounting.