Bank of Tupelo v. Motley
Mississippi Supreme Court
Appeal from chancery court of Lee county. Hon. A. J. McIntybe, Chancellor. Bill by the Bank of Tupelo ágainst E. B. Motley. From a decree therein, the plaintiff appeals.
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Appeal from chancery court of Lee county. Hon. A. J. McIntybe, Chancellor. Bill by the Bank of Tupelo ágainst E. B. Motley. From a decree therein, the plaintiff appeals. What were the rights of Motley under his bill and Us pendens notice? We will assume first (and we believe the position is incontrovertible) that Motley got no greater rights by his bill and notice thereunder than he could have gotten by a reconveyance by Harkey to Mm of the Motley residence at the identical hour he filed his bill and notice. In other words the court was powerless to do more for Motley than Harkey and himself…
1Opinion of the CourtEthridge, J.
The appellant filed a bill in the chancery court against the defendants Motley, Buff, Harkey, Livingston, Clark, Hambrick, and Gregory, and also against Anderson & Long as trustees, setting forth that Harkey borrowed from the appellant ten thousand dollars for the payment of which he executed his promissory not bearing eight per cent, interest from October 6, 1919, which was secured by collateral notes aggregating fifteen thousand and three dollars; that Harkey failed and refused to pay said note for ten thousand dollars, whereby the right accrued- to the complainant to recover from Harkey…
2Cases cited2 opinions
- Shotwell v. LawsonMississippi Supreme Court · 1855
- Osborne v. CrumpMississippi Supreme Court · 1880
3Cited by3 opinions
- JONES (WHEELER) v. JonesMississippi Supreme Court · 1964
- Guaranty Mortgage Co. of Nashville v. SeitzMississippi Supreme Court · 1979
- GUARANTY MORTG. CO. OF NASHVILLE v. SeitzMississippi Supreme Court · 1979