Evans v. Forstall
Mississippi Supreme Court
Appeal from the Chancery Court of Washington County. Hon. W. G-. Phelps, Chancellor. H. A. Abercrombie executed to John H. Evans a mortgage on the crop to be grown by him during the year 1878, to secure a debt due by the former to the latter for $1,100. The mortgage was duly recorded on the 21st of February, 1878, in Washington County, Mississippi, where the crop was to be produced.
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Appeal from the Chancery Court of Washington County. Hon. W. G-. Phelps, Chancellor. H. A. Abercrombie executed to John H. Evans a mortgage on the crop to be grown by him during the year 1878, to secure a debt due by the former to the latter for $1,100. The mortgage was duly recorded on the 21st of February, 1878, in Washington County, Mississippi, where the crop was to be produced. Sometime in the fall of 1878 it was arranged between John H. Evans and E. Bourgess, a member of the firm of Forstall & Jumonville, resident in the town of Greenville, in Washington County, of this State, that…
1Opinion of the CourtGeorge, J.
There is a serious conflict in the evidence. The chancellor believed the evidence of the appellees and dismissed the appellant’s bill. We cannot say that the chancellor erred in giving credit to the .witness for the appellees. The testimony of this witness established this state of facts: That appellant Evans came to Bourgess, one of the appellees, and told him that Abercrombie would ship his house two hundred bales of cotton, and that Abercrombie would want some bagging and ties and a small advance in money; that Evans said nothing about a lieu for rent in favor of the landlord on…
2Cited by7 opinions
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