Dean v. De Lezardi
Court of Appeals of Mississippi
In error from the circuit court of Holmes county; Hon. Robert C. Perry, judge. The defendants in error filed their original bill to foreclose a mortgage. The mortgage is dated the 15th of March, 1838, and it is recited in the mortgage, that the note which it was made to secure bears even date therewith; the note filed with the bill bears date the 24th March, 1838; mistake in the date of the note is charged in the bill.
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In error from the circuit court of Holmes county; Hon. Robert C. Perry, judge. The defendants in error filed their original bill to foreclose a mortgage. The mortgage is dated the 15th of March, 1838, and it is recited in the mortgage, that the note which it was made to secure bears even date therewith; the note filed with the bill bears date the 24th March, 1838; mistake in the date of the note is charged in the bill. The bill further charges that defendant Nye purchased the lots mortgaged, and had recovered possession thereof by action of ejectment, and that defendant Dyer sets up same…
1Opinion of the CourtJustice Fisher
The defendants in error, assignees of a certain note, transferred to them by Nicholas Berthoud, filed their bill on the chancery side of the circuit court of Holmes county, alleging that on the 15th day of March, 1838, Dean and Oliphant executed to Ber-thoud a.certain mortgage on two lots in the town of Lexington, for the purpose of securing the payment of a note bearing even date with the mortgage for §1,958.22. The bill avers a transfer of the note to the complainants. The mortgagors make no defence to the bill, and the controversy is between the complainants and S. E. Nye, who purchased…
2Cited by4 opinions
- Ricketson v. RichardsonCalifornia Supreme Court · 1861
- Knox v. Bank of United StatesMississippi Supreme Court · 1854
- Knox v. Bank of United StatesMississippi Supreme Court · 1854
- Southern Pipe & Supply Co. v. JosephMississippi Supreme Court · 1958