Price v. Martin
Mississippi Supreme Court
Error to the chancery court of Rankin county. Caba-riss, Chancellor. The opinion of the court contains a minute, statement of the facts of the case as shown by the pleadings, and recites “all the evidence having any bearing upon the case.” 1. It is certainly not a little curious to find, as a reason urged for vacating a deed of trust, that the consideration was “inadequate,” in other words, that the debt secured was not a sufficient incumbrance to sustain the deed.
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Error to the chancery court of Rankin county. Caba-riss, Chancellor. The opinion of the court contains a minute, statement of the facts of the case as shown by the pleadings, and recites “all the evidence having any bearing upon the case.” 1. It is certainly not a little curious to find, as a reason urged for vacating a deed of trust, that the consideration was “inadequate,” in other words, that the debt secured was not a sufficient incumbrance to sustain the deed. We would rather think that the general creditors would be injured in proportion to the extent of the incumbrance, and cannot well…
1Opinion of the Court
Peytost, C. J.:
On the 17th of March, 1866, William Stein conveyed a certain tract of land, situate in Bankin county, containing about 1,800 acres, to Joseph Bell and Thomas Green, in trust to secure the performance of an obligation to deliver to Martha S. Withers 833 pounds of cotton at. Jackson, on the 1st day of November, 1866, or, in case of failure, the payment of the value thereof at the market price. This deed of trust was properly acknowledged and recorded on the 27th day of February, 1867.
On the 10th of April, 1867, the said trustees, Bell and Green, sold said land at public auction,…
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