Benson v. Stewart
Mississippi Supreme Court
Appeal from the District Chancery Court, at Holly Springs. Hon. Henry Dickinson, vice chancellor. This cause was submitted in this court upon the following agreed abstract:— On 27th September, 1850, Stewart and Sandford, trustees for Brown, Brothers & Co., and Hyde, Cleveland & Co., filed their bill in the District Chancery Court, at Holly Springs, against Thomas N. Niles, for the foreclosure of three mortgages, upon as many sections of land in the State of Mississippi,…
Read the full summary
Appeal from the District Chancery Court, at Holly Springs. Hon. Henry Dickinson, vice chancellor. This cause was submitted in this court upon the following agreed abstract:— On 27th September, 1850, Stewart and Sandford, trustees for Brown, Brothers & Co., and Hyde, Cleveland & Co., filed their bill in the District Chancery Court, at Holly Springs, against Thomas N. Niles, for the foreclosure of three mortgages, upon as many sections of land in the State of Mississippi, executed by said Niles to them, on 29th November, 1836, to secure the payment of certain debts due from him to Brown,…
1Opinion of the CourtHaitby, C. J.
The facts necessary to be taken into view, in considering this ease, are substantially as follows:—
The appellees filed their bill in the District Chancery Court, at Holly Springs, on the 27th September, 1850, to foreclose a mortgage executed by one Niles in the year 1836, to secure the payment of a promissory note, due 1st December, 1839, and conveying a tract of land lying in Pototoc county, which mortgage was duly registered. This bill was filed against Niles, the mortgagor, and afterwards, on the 10th January, 1853, an amended bill was filed making the appellant a party and calling upon…
2Cases cited1 opinion
- Jackson ex dem. Marvin v. HotchkissNew York Supreme Court · 1826
3Cited by9 opinions
- Jordan v. SayreSupreme Court of Florida · 1888
- Nevitt v. BaconMississippi Supreme Court · 1856
- Bell v. Union & Planters' Bank & Trust Co.Mississippi Supreme Court · 1930
- McQueen v. IveySupreme Court of Alabama · 1860
- Brown v. Board of SupervisorsMississippi Supreme Court · 1876
4 more not listed; retrieve them via the Exa API.