Sillers v. Lester
Mississippi Supreme Court
Appeal from the chancery court of Bolivar county. Harmon, Chancellor. The facts appear in the opinion of the court. The important error in the case is, that the court decided in effect that appellants’ mortgage, -which by its terms does so and was intended to do so, could not cover and attach to property placed on the demised premises after its execution, and that it is void as to a junior deed of trust to secure pre-existing debts, given after the property was brought on…
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Appeal from the chancery court of Bolivar county. Harmon, Chancellor. The facts appear in the opinion of the court. The important error in the case is, that the court decided in effect that appellants’ mortgage, -which by its terms does so and was intended to do so, could not cover and attach to property placed on the demised premises after its execution, and that it is void as to a junior deed of trust to secure pre-existing debts, given after the property was brought on the place. The law is precisely the reverse. It may be admitted, as a general rule of the ancient common law, that nothing…
1Opinion of the Court
Tarbell, J.:
In December, 1869, W. C. Greer and F. Zollicoffer leased of Wm. Sillers and wife, the “ Asia plantation,” so called, in Bolivar county, for the year 1870, agreeing to pay therefor $3,250, one-half November 1, and the other half December 1, 1870. To secure the payment of this sum, Greer and Zollicoffer executed a chattel mortgage on “ all the mules, stock and farming implements which are now on said ‘Asia plantation,’ or which they shall place on the same during the year 1870 ; also, all the crops of cotton and corn to be raised on said ‘Asia plantation’ during the year 1870.” This…
2Cases cited6 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- In re HoweNew York Court of Chancery · 1828
- Seymour & Brown v. Canandaigua & Niagara Falls Rail RoadNew York Supreme Court · 1857
- Miller v. Rutland & Washington RailroadSupreme Court of Vermont · 1864
- Calkins v. LockwoodSupreme Court of Connecticut · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Richardson v. Washington & Costley Bros.Texas Supreme Court · 1895
- Webster v. NicholsIllinois Supreme Court · 1882
- Booker v. JonesSupreme Court of Alabama · 1876
- Wright v. Bircher'sSupreme Court of Missouri · 1880
- Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881
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