Morse v. Clayton
Mississippi Supreme Court
On appeal from the vice-chancery court at Columbus; Hon. Henry Dickinson, vice-chancellor. George R. Clayton, administrator de bonis non of John Oliver, deceased, on the 20th of April, 1846, filed his bill to foreclose a mortgage executed by Ager T. Morse and Daniel Baldwin, to secure the payment of three writings obligatory executed by them; there were nine other defendants who were alleged to be interested in the property mortgaged, and to hold subject to the mortgage.
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On appeal from the vice-chancery court at Columbus; Hon. Henry Dickinson, vice-chancellor. George R. Clayton, administrator de bonis non of John Oliver, deceased, on the 20th of April, 1846, filed his bill to foreclose a mortgage executed by Ager T. Morse and Daniel Baldwin, to secure the payment of three writings obligatory executed by them; there were nine other defendants who were alleged to be interested in the property mortgaged, and to hold subject to the mortgage. The facts are sufficiently stated in the opinion of the court. The vice-chancellor decreed a foreclosure of the mortgage,…
1Opinion of the CourtChief Justice Sharkey
John Oliver, in his lifetime, sold an unexpired term in certain lots in the town of Columbus to Morse & Baldwin for $4000. He took there writings obligatory, and a mortgage on the premises to secure the payment. After Oliver’s death, Bibb took out letters of administration, and the writings obligatory and mortgage came into his possession, and he received payment of the note first due. He made a final settlement iu 1837, and was discharged from his administration; two notes, however, remained unpaid. Bibb was then appointed guardian of the minor children of Oliver, and still held the two…
2Cited by5 opinions
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- Claflin v. SmithNew York Supreme Court · 1885
- Purdy v. ChambersSupreme Court of Oklahoma · 1927
- McGuinness v. WhalenSupreme Court of Rhode Island · 1892
- Claflin v. SmithNew York Supreme Court · 1885