Huntington v. Heirs of Bobbitt
Mississippi Supreme Court
Appeal from chancery court of Leake county. Young, Chancellor. The bill shows that Bobbitt, the ancestor, was indebted to complainant Huntington, by note secured by mortgage on real estate and after Bobbitt’s death, and before the mortgage note was barred by the statute of limitations, Hanson, the administrator- of Bobbitt, by a written acknowledgment and promise indorsed on the note, waived in advance the statute of limitations and promised to pay the note.
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Appeal from chancery court of Leake county. Young, Chancellor. The bill shows that Bobbitt, the ancestor, was indebted to complainant Huntington, by note secured by mortgage on real estate and after Bobbitt’s death, and before the mortgage note was barred by the statute of limitations, Hanson, the administrator- of Bobbitt, by a written acknowledgment and promise indorsed on the note, waived in advance the statute of limitations and promised to pay the note. The note was not paid and Huntington, within a short time after the promise of the administrator, but after the time when the note would…
1Opinion of the Court
Peyton, C. J.:
This is an appeal from a decree of the chancery court of Leake county, sustaining a demurrer and dismissing a bill filed to foreclose the equity of redemption of certain lands mortgaged by Alphonso I. Bobbitt to Robert Huntington,to secure the payment of a promissory note for $500, executed by said Bobbitt to said Huntington. The bill was dismissed upon demurrer on the ground that the note, to secure the payment of which the mortgage was executed, was barred by the statute of limitations. The note was given for money loaned by Huntington to Bobbitt, and was dated the 15th day of…
2Cases cited10 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Mooers v. WhiteNew York Court of Chancery · 1822
- Thompson v. PeterSupreme Court of the United States · 1827
- Fritz v. ThomasSupreme Court of Pennsylvania · 1836
- Riser v. SnoddyIndiana Supreme Court · 1856
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3Cited by7 opinions
- Hanson v. TowleSupreme Court of Kansas · 1877
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Whitehead v. PufferMississippi Supreme Court · 1940
- Musser v. First Nat. BankMississippi Supreme Court · 1933
- Jordan v. BobbittMississippi Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.