Smith v. Walsh
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. Hon. Ralph North, Judge. .John Smith, being the owner of a tract of land, on the 2d of April, 1873, executed a deed of trust thereon to S. H. Moore, as trustee, to secure payment of a promissory note given by the grantor to McCutchen & Co., merchants, for money and supplies furnished and to be furnished to him to enable him to cultivate his land.
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Appeal from the Circuit Court of Warren County. Hon. Ralph North, Judge. .John Smith, being the owner of a tract of land, on the 2d of April, 1873, executed a deed of trust thereon to S. H. Moore, as trustee, to secure payment of a promissory note given by the grantor to McCutchen & Co., merchants, for money and supplies furnished and to be furnished to him to enable him to cultivate his land. There was a provision in this deed of trust which authorized the eestuis que trust, in case the trustee mentioned should die or fail or refuse to execute the trust imposed upon him, to appoint in…
1Opinion of the CourtCooper, C. J.
We are unwilling to disturb the judgment of the lower court in granting a new trial upon the first verdict. The rule that the action of the trial court upon a motion for a new trial is to be favorably considered upon appeal, and supported unless manifest error appears, is peculiarly applicable where the new trial has been granted, since in such cases the rights of the parties are not *590finally settled, as they are where a new trial is refused, but another trial is had. Dorr v. Watson, 28 Miss. 383.
There is no error in the record of the second trial, nor is the question whether by an equitable…
2Cases cited1 opinion
- S. & F. Dorr & Co. v. WatsonMississippi Supreme Court · 1854
3Cited by13 opinions
- Seals v. St. Regis Paper CompanyMississippi Supreme Court · 1970
- Rayner v. LindseyMississippi Supreme Court · 1962
- Dendy v. City of PascagoulaMississippi Supreme Court · 1967
- Danner v. Mid-State Paving Co.Mississippi Supreme Court · 1965
- Long v. MAGNOLIA HOTEL CO.Mississippi Supreme Court · 1959
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