Legal Opinion

Sparks v. Pittman

Mississippi Supreme Court

Decided October 15, 1875PublishedCited by 4 opinions

Appeal from the Chancery Court of Panola County. Hon. J. N. Campbell. Chancellor. The complainant was the holder and owner of a note executed by defendant Pittman, secured by trust deed on Pittman’s homestead, ' executed February 1, 1873. It matured November 1, 1873. The deed embraced horses and other personalty. After maturity, the trustee advertised the property for sale.

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Appeal from the Chancery Court of Panola County. Hon. J. N. Campbell. Chancellor. The complainant was the holder and owner of a note executed by defendant Pittman, secured by trust deed on Pittman’s homestead, ' executed February 1, 1873. It matured November 1, 1873. The deed embraced horses and other personalty. After maturity, the trustee advertised the property for sale. But in order to avoid a public sale, it was agreed between the parties, that the trustee should fix a valuation on the property, which was done, and the aggregate valuation was about the amount of the note and interest.…

1Opinion of the CourtTarbell, J.

On the first day of February, 1873, J. A. Pittman made and executed to J. D. Partee as trustée for Elijah Sparks, a deed of trust on certain lands and personal property described in the record. This deed of trust was made to secure the payment of a note due to Sparks for $1,000, and it was provided that if said note should not be paid by the first day of November, 1873, the trustee should proceed to sell the property named at public auction. Of the said note, $600 was for purchase money of the land contained in the deed of trust. All the property contained therein belonged to J. A. Pittman.…

2Cases cited6 opinions

  1. Northrop's executors v. GravesSupreme Court of Connecticut · 1849
  2. Moreland v. AtchisonTexas Supreme Court · 1857
  3. Cumberland Coal & Iron Co. v. ShermanCourt of Appeals of Maryland · 1863
  4. Mellish v. RobertsonSupreme Court of Vermont · 1853
  5. Champlin v. LaytinNew York Court of Chancery · 1832

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Ingram Day Lumber Co. v. RobertsonMississippi Supreme Court · 1922
  2. Gross Const. Co. v. HalesSupreme Court of Oklahoma · 1912
  3. Goodbar & Co. v. DunnMississippi Supreme Court · 1884
  4. Sherwood v. JohnsonIndiana Court of Appeals · 1902

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