Wofford v. Board Police of Holmes County
Mississippi Supreme Court
Error to the chancery court of Holmes county. Hooker,, J. The facts are clearly apparent in the assignment of errors, briefs of counsel, and opinion of the court. Plaintiffs in error assigned-the following errors: 1st. There is no offer in the bill to indemnify against the alleged lost note, and the damages and expenses of another suit. 2d. There is no affidavit to the alleged loss or destruction of the note. 3d.
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Error to the chancery court of Holmes county. Hooker,, J. The facts are clearly apparent in the assignment of errors, briefs of counsel, and opinion of the court. Plaintiffs in error assigned-the following errors: 1st. There is no offer in the bill to indemnify against the alleged lost note, and the damages and expenses of another suit. 2d. There is no affidavit to the alleged loss or destruction of the note. 3d. It is not stated in the bill that at the time the note was lost or destroyed, it was the property of complainant. 4th. The decree was rendered without a bond being given to indemnify…
1Opinion of the Court
SlMRALL, J.:
Is there equity in the bill? The security executed by Wofford, conveys the land to J. A. Durden, president of the board of police, in trust, to secure the debt, with power, on default made in the pajunent, to said Durden, or his successors in office, to make a sale. The security partakes much more of the nature of a mortgage, than a deed in trust. It is a mortgage with a power of sale. And it may admit of grave doubt whether a sale made by the grantee would convey an absolute title. The equity rule is, once a mortgage, always a mortgage. Would a sale made by Durden, free the…
2Cases cited4 opinions
- Rees v. OverbaughNew York Supreme Court · 1827
- Rowley v. BallNew York Supreme Court · 1824
- Posey v. Decatur BankSupreme Court of Alabama · 1848
- Allen v. SmithNew York Supreme Court · 1828
3Cited by6 opinions
- Dugger v. OglesbyIllinois Supreme Court · 1881
- Redin v. BranhanSupreme Court of Minnesota · 1890
- City of Indianapolis v. Board of Church Extension of the United Presbyterian ChurchIndiana Court of Appeals · 1902
- Upjohn v. MooreWyoming Supreme Court · 1932
- Lehman Manufacturing Co. v. JewettIndiana Court of Appeals · 1929
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