Williams v. Butts
Mississippi Supreme Court
Appeal from chancery court of Yazoo county. Hon. L. F. Easterling, Chancellor. Suit by Anna Williams against Emily Butts. Decree for defendant, and both parties appeal.
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Appeal from chancery court of Yazoo county. Hon. L. F. Easterling, Chancellor. Suit by Anna Williams against Emily Butts. Decree for defendant, and both parties appeal. The contention of opposing counsel was that the instruments drawn were to be considered separately, the one as a deed, disconnected with the other, and the other to be considered as an obligation on the part of Mr. Scarbrough to sell to Anna, and no obligation on her .part to buy of him, this contention excluding from consideration all of the evidence, and in fact, denying the well-established proposition that a deed; absolute…
1Opinion of the CourtSmith, C. J.
The appellant exhibited an original bill in the court below against- the appellee, alleging in substance that on March 30, 1908, she borroAved from C. S. Scarbrough the money with which to purchase certain land to which T. H. Campbell then held the legal title; that by agreement *670Campbell executed a deed thereto, absolute on its face, to Scarbrough, but that the deed was, in fact, intended to operate as a mortgage securing the repayment to Scarbrough of money loaned by him to the appellant with which to purchase the land; that the debt secured thereby had been paid, but, if not, the appellee…
2Cases cited7 opinions
- Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822
- Barrett v. SippIndiana Court of Appeals · 1912
- Freeman v. M. E. & J. K. WilsonMississippi Supreme Court · 1875
- Hoopes v. BaileyMississippi Supreme Court · 1854
- Brooks v. KellyMississippi Supreme Court · 1886
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