Duncan v. Moore
Mississippi Supreme Court
Feom the chancery court of the first district of Chickasaw county. Hon. Baxter McFarland, Chancellor. From the agreed statement it appears that Richard Duncan owned a homestead upon which he resided with his family, and gave trust deeds on the same to secure debts to C. C. Moore and others.
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Feom the chancery court of the first district of Chickasaw county. Hon. Baxter McFarland, Chancellor. From the agreed statement it appears that Richard Duncan owned a homestead upon which he resided with his family, and gave trust deeds on the same to secure debts to C. C. Moore and others. His wife did not join in these deeds, but afterwards, about the time of foreclosure, having the defect in the deeds explained to her by the creditor, Moore, she executed to him a separate deed to the land. She was paid a consideration in money for this by said creditor. The land was worth less than two…
1Opinion of the CourtCooper, J.
We yield to the urgent solicitation of counsel to pass upon both questions presented by this appeal, though the decree might be affirmed upon the single point on which we are advised the bill was dismissed in the court below, viz., that, conceding the invalidity of the conveyance sought to be annulled, the complainant is not of right entitled to the intervention of a court of equity, except upon condition of himself doing equity.
It appears from the record that the complainant being indebted to the defendant Moore executed a deed of trust upon his homestead as security for the debt due, but…
2Cited by11 opinions
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- Newton County Bank, Louin Branch Office v. JonesMississippi Supreme Court · 1974
- Ladner v. MoranMississippi Supreme Court · 1941
- Hudson v. Bank of LeakesvilleMississippi Supreme Court · 1971
- Ward v. WardMississippi Supreme Court · 1987
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