Union Mortgage, Banking & Trust Co. v. Peters & Trezevant
Mississippi Supreme Court
Fkom the chancery court of the second district of Coahoma county. Hon. W. R. Triuo, Chancellor. This is a bill by the Union Mortgage, Banking & Trust Co., . -designated herein as the Union Company, against Peters and Trezevant, trustees in a deed of assignment from Thomas H. Allen & Co., seeking to enjoin the prosecution of an action of ejectment. . Complainant claims title through a foreclosure sale under a trdst-deed executed by Dr. James A. Peace to secure his debt of…
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Fkom the chancery court of the second district of Coahoma county. Hon. W. R. Triuo, Chancellor. This is a bill by the Union Mortgage, Banking & Trust Co., . -designated herein as the Union Company, against Peters and Trezevant, trustees in a deed of assignment from Thomas H. Allen & Co., seeking to enjoin the prosecution of an action of ejectment. . Complainant claims title through a foreclosure sale under a trdst-deed executed by Dr. James A. Peace to secure his debt of $38,000 to complainant, this trust-deed being junior in date to that of Allen & Co. Complainant alleges that Allen & Co.…
1Opinion of the CourtCooper, C. J.
Repeated examination of the record has failed to satisfy us that Allen & Co. agreed that the mortgage executed by Peace to the appellant, was to have priority over the one he executed to them. There is much in the record suggesting th^t they did, but the fact is not stated to be true by any witness having personal knowledge thereof. Martin, who was a party to the negotiations, is not clear, and seems to have made contradictory statements. Peace is dead, and the Allens both testify that they thought the debt having precedence over their security was that secured by the mortgage to the Freehold…
2Cases cited11 opinions
- Texas Land & Loan Co. v. BlalockTexas Supreme Court · 1890
- Emmert v. ThompsonSupreme Court of Minnesota · 1892
- Barnes v. . MottNew York Court of Appeals · 1876
- Crippen v. ChappelSupreme Court of Kansas · 1886
- Staton v. BryantMississippi Supreme Court · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Home Savings Bank v. BierstadtIllinois Supreme Court · 1897
- G.E. Capital Mortgage Services, Inc. v. LevensonCourt of Appeals of Maryland · 1995
- Union Cent. Life Ins. v. DrakeCourt of Appeals for the Eighth Circuit · 1914
- Hare v. StateMississippi Supreme Court · 1999
- Kent v. BaileySupreme Court of Iowa · 1917
36 more not listed; retrieve them via the Exa API.