Foxworth v. Magee
Mississippi Supreme Court
Appeal from the chancery court of Marion county. McMillan, J. The facts appear in the opinion of the court. Assignment of- errors: 1st. The court erred in sustaining the plea of coverture as to all the mortgaged land, when the plea itself only set up that the feme edbert owned a part of the land. 2d.
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Appeal from the chancery court of Marion county. McMillan, J. The facts appear in the opinion of the court. Assignment of- errors: 1st. The court erred in sustaining the plea of coverture as to all the mortgaged land, when the plea itself only set up that the feme edbert owned a part of the land. 2d. The court erred in not having decreed a foreclosure as to the lands not set up in the plea of coverture, and in not having appointed a receiver to fake possession of the mortgaged premises claimed as the separate property of thq feme covert, and in not having condemned the rents, profits and…
1Opinion of the Court
SlMRALL, J.:
A bill in chancery was exhibited by Eoxworth, administrator, etc., of Jas. A. Jordan, deceased, against Elisha, Mary, and Edward Magee, to foreclose a mortgage. After demurrer to the bill had been overruled, Mary Magee (assisted, for conformity, by her husband, Elisha), plead in bar, of the foreclosure (as to part of the lands set out in the plea), that she was a married woman at the date of the execution of the mortgage and note, and owner as of her own separate property of part of the lands. The chancellor held the plea to be insufficient in law, and upon the complainants…
2Cases cited2 opinions
- Russ v. WingateMississippi Supreme Court · 1855
- Boarman v. GrovesMississippi Supreme Court · 1852
3Cited by2 opinions
- Ferdon v. MillerNew Jersey Court of Chancery · 1881
- Mhoon v. ColmentMississippi Supreme Court · 1875