Schwartz v. Lieber
Mississippi Supreme Court
From the chancery court of, first district, Hinds county. HoN. HeNry C. CoNN, Chancellor. Mrs. Lieber, the appellee, was complainant and Schwartz, the appellant, was defendant in the court below. From a decree overruling defendant’s demurrer to the bill of complaint he appealed to the supreme court. The facts are sufficiently apparent from the opinion of the court.
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From the chancery court of, first district, Hinds county. HoN. HeNry C. CoNN, Chancellor. Mrs. Lieber, the appellee, was complainant and Schwartz, the appellant, was defendant in the court below. From a decree overruling defendant’s demurrer to the bill of complaint he appealed to the supreme court. The facts are sufficiently apparent from the opinion of the court. Section 4233, code 1892, provides; “A conveyance or other writing, absolute on its face, where the maker parts with the possession of the property conveyed by it, shall not be proved, at the instance of any of the parties, by parol…
1Opinion of the CourtTerral, J.
This is a bill by appellee to have a deed for the conveyance of land, absolute on its face, declared to be a mortgage, and to redeem the property therein conveyed. The appellant demurred to the bill, and, the same being overruled, he appeals. For several reasons, we think the decree correct:
*2601. Though the deed is absolute on its face, yet there is nothing in the bill to clearly show that appellant took possession of the premises under said conveyance, and the statule (§4233, code 1892) requires such proof in writing only when the maker of the deed parts with possession of the property. For…
2Cited by1 opinion
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