Heard v. Evans
Mississippi Chancery Courts
On the 13th of August, 1835, Heard, the complainant, agreed to sell John M. Evans, 640 acres of land, for which Evans was to pay $2,300, the payment of which was to be secured by Evans’ note payable the first day of January, 1838, and by a mortgage on the land sold, and also on three eighths of land. In pursuance of that agreement, on the 9th of November, 1835, the note was made and mortgage executed.
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On the 13th of August, 1835, Heard, the complainant, agreed to sell John M. Evans, 640 acres of land, for which Evans was to pay $2,300, the payment of which was to be secured by Evans’ note payable the first day of January, 1838, and by a mortgage on the land sold, and also on three eighths of land. In pursuance of that agreement, on the 9th of November, 1835, the note was made and mortgage executed. Subsequently Heard surrendered said note, so secured by mortgage, to Evans, and took two other notes in lieu thereof, which, when paid, were to be a satisfaction of the mortgage. These notes…
1Opinion of the Court
The Chancellor.
These two cases are, by agreement of counsel, submitted together, to be considered of as an original and cross bill, as t the relief respectively prayed by the parties, complainants and defendants. The bill of Heard states that in August, 1835, he sold and conveyed to the defendant, Evans, divers lots and parcels of land for the sum of three thousand, two hundred dollars. That in November of the same year he took from Evans his note for that siim, payable January 1, 1838, as also a mortgage on the land so sold, and on other lands belonging to Evans, for the purpose of securing…
2Cited by3 opinions
- Baxter v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1810
- In Re WhitefootUnited States Bankruptcy Court, N.D. Mississippi · 2004
- Vannice v. BergenSupreme Court of Iowa · 1864