Wall v. Harris
Mississippi Supreme Court
From the chancery court of Marshall county. Hon. Julian C. Wilson, Chancellor. Harris, appellee, was complainant in the court below; Mrs. Wall and others, appellants, were defendants there. The demurrer of defendants to the bill of complaint was overruled and they appealed from the decree overruling it to the supreme court. The remedy on mortgages is barred when the debt is barred.
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From the chancery court of Marshall county. Hon. Julian C. Wilson, Chancellor. Harris, appellee, was complainant in the court below; Mrs. Wall and others, appellants, were defendants there. The demurrer of defendants to the bill of complaint was overruled and they appealed from the decree overruling it to the supreme court. The remedy on mortgages is barred when the debt is barred. Code 1906, § 3093; Code 1892, § 2733. The indebtedness secured by the deed of trust being an ordinary pi’omissory note, the statute of limitations of six years applied to it. The note was given on the 1st day of…
1Opinion of the CourtCalhoon, J.
The appellant, Augusta W. Wall, and her husband, James M. Wall, executed their promissory note for $746 to appellee, Harris, in June, 1892, and on the same day executed a trust deed to W. G. Phillips as trustee to secure that note, which note became due on January 1, 1893, and carried interest from its .date at the ' rate of ten per cent per annum. This note was permitted to run on unpaid until 1897, when, Phillips having refused to execute the trust, Harris, the beneficiary, appointed one Bennett as. substituted trustee; but this appointment of substitution was not recorded. After due…
2Cases cited2 opinions
- Allen v. Alliance Trust Co.Mississippi Supreme Court · 1904
- Haggart v. WilczinskiCourt of Appeals for the Fifth Circuit · 1906
3Cited by9 opinions
- Wirtz v. GordonMississippi Supreme Court · 1938
- Hubbard v. MasseyMississippi Supreme Court · 1941
- Banker v. Ford Motor Co.District Court, W.D. Pennsylvania · 1933
- Davis v. DavisMississippi Supreme Court · 1950
- Watts v. RussellMississippi Supreme Court · 1925
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