Legal Opinion

Coleman v. Galbreath, Stewart & Co.

Mississippi Supreme Court

Decided October 15, 1876PublishedCited by 11 opinions

Appeal from the Chancery Court of Bolivar County. Hon. E. Stare ore, Chancellor. The deed of trust which this bill in chancery was filed to enforce on certain equitable grounds was made by the Cole-mans, the plaintiffs in error, to a trustee, for the benefit of Galbreath, Stewart & Co., the defendants in error, and conveyed to the trustee certain real and personal property.

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Appeal from the Chancery Court of Bolivar County. Hon. E. Stare ore, Chancellor. The deed of trust which this bill in chancery was filed to enforce on certain equitable grounds was made by the Cole-mans, the plaintiffs in error, to a trustee, for the benefit of Galbreath, Stewart & Co., the defendants in error, and conveyed to the trustee certain real and personal property. The condition of this instrument was that whereas Galbreath, Stewart & Co. agreed to furnish, on the order of the parties of the first part (the Colemans), plantation supplies, money, &c., during the year, to an amount not…

1Opinion of the CourtCampbell, J.

This is a controversy between grantors in a deed of trust . executed to secure advances of -plantation supplies, money, &c., and the beneficiaries in the deed of trust, who agreed to furnish the grantors in said deed such plantation supplies, &c., during the year 1867, not to exceed $10,000, and did furnish from time to time such supplies to the amount of nearly $2,000, and then ceased and refused to furnish any more. The creditors exhibited their bill to enforce the deed of trust to the extent of their account for supplies actually advanced under the contract, and it is resisted on the…

2Cited by11 opinions

  1. Shutze v. Credithrift of America, Inc.Mississippi Supreme Court · 1992
  2. Hershey v. ThompsonSupreme Court of Arkansas · 1888
  3. Abernethy v. UhlmanOregon Supreme Court · 1908
  4. Cogburn v. HuntMississippi Supreme Court · 1879
  5. Baker v. FenleyMissouri Court of Appeals · 1939

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