Legal Opinion

Wileman v. King

Mississippi Supreme Court

Decided March 15, 1919No. 20806PublishedCited by 3 opinions

Appeal from the chancery court of Prentiss county. írloN. A. J. McIntyke, Chancellor. Bill by Jule Y. King against Thomas W. Wileman and another. From a decree for complainant, the named defendant appeals. The facts are fully stated in the opinion of the court.

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Appeal from the chancery court of Prentiss county. írloN. A. J. McIntyke, Chancellor. Bill by Jule Y. King against Thomas W. Wileman and another. From a decree for complainant, the named defendant appeals. The facts are fully stated in the opinion of the court. This is a case where a check was issued and the funds tied up before. the check was presented, not by any fault of the holder, hut because of the default of the drawer in not paying his debts and keep himself removed from the fraud which rendered him subject to attachment. The issuance and acceptance of- a check is not payment, when…

1Opinion of the CourtSteveNS, J.

Appellee exhibited his bill of complaint against appellant, T. W. Wileman, and one Green, trustee, seeking to enjoin the foreclosure of a certain deed of trust which King executed in favor of Wileman, as beneficiary, to secure a note of seventy-five dollars. The bill for injunction was answered, and the cause set down for hearing on bill, answer, and proof, and from the decree, declining to overrule the injunction, appellant prosecutes this appeal.

In April, 1916, Wileman loaned King seventy-five dollars and took a note and deed of trust on certain crops of corn, cotton, and other agricultural…

2Cases cited3 opinions

  1. Citizens' Bank v. KretschmarMississippi Supreme Court · 1907
  2. Bush, Redwood & Co. v. FooteMississippi Supreme Court · 1880
  3. Wadlington v. CovertMississippi Supreme Court · 1875

3Cited by3 opinions

  1. Ducote v. DucoteSupreme Court of Louisiana · 1935
  2. Federal Land Bank v. CollinsMississippi Supreme Court · 1930
  3. Jefferson Standard Life Ins. v. WisdomCourt of Appeals for the Fifth Circuit · 1932

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