Wailes v. Cooper
Court of Appeals of Mississippi
On appeal 'from the superior court of chancery; Hon. Stephen Cocke, chancellor. This case is composed of three suits, which were consolidated and tried together in the superior court of chancery. The two first are bills filed to foreclose mortgages made by W. Haile. The last is a bill in the nature of a bill of interpleader.
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On appeal 'from the superior court of chancery; Hon. Stephen Cocke, chancellor. This case is composed of three suits, which were consolidated and tried together in the superior court of chancery. The two first are bills filed to foreclose mortgages made by W. Haile. The last is a bill in the nature of a bill of interpleader. The facts are briefly these: W. Haile purchased a tract of land from John Thorn on 2d January, 1835. On that day he executed a deed for the land, in which his wife joined, on the face of which deed is the following statement: “reserving herein a mortgage or lien on said…
1Opinion of the CourtJustice Yerger
The appellant filed his bill in the superior court of chancery, as administrator de bonis non of John Thorn, deceased, alleging that, on the 2d day of January, 1835, John Thorn and wife sold to William Haile, now deceased, a tract of land in Wilkinson county for about $18,000, for which Haile executed his three promissory notes, payable in three annual instalments; and on the same day, to secure the payment of the notes, Haile executed a mortgage on the same land and a number of slaves. That this mortgage was duly proven, and certified and filed for record on the 26th day of February, 1838,…
2Cases cited1 opinion
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