Hambrick v. Jones
Mississippi Supreme Court
Appeal from the Chancery Court of Noxubee County. HoN. F. A. Critz, Chancellor. In 1874 J. W. Jones, of Mobile, Ala., held a deed of trust on a certain tract of land in Noxubee County, the property of Connor & Kobinson, to secure a debt of five thousand seven hundred and twenty-sis dollars due from them to him.
Read the full summary
Appeal from the Chancery Court of Noxubee County. HoN. F. A. Critz, Chancellor. In 1874 J. W. Jones, of Mobile, Ala., held a deed of trust on a certain tract of land in Noxubee County, the property of Connor & Kobinson, to secure a debt of five thousand seven hundred and twenty-sis dollars due from them to him. By mutual agreement between the parties, Connor & Robinson, in December, 1874, sold the land to J. S. L. Hambrick, who was to pay for t[ie same with the claim which Jones held against the land. On December 18, 1874, Hambrick executed his promissory note to Jones, payable January 1,…
1Opinion of the CourtCampbell, J.
The note was not barred when the new promise was made, and the deed of trust was continued in force by the new promise so as to be paramount to the claim of a homestead. Smith v. Scherck, 60 Miss. 491.
The note was due January 1, 1876. The payee died in October, 1876, in Alabama, where his will was proved and letters testamentary granted to the appellee, who is not shown to have qualified herself to sue in this State; therefore, the bar of the statute had not become complete in January, 1883, when the new promise was made, if the Code of 1871 was applicable. Clayton v. Merrett, 52 Miss. 353.
*251The…
2Cases cited10 opinions
- Smith v. ScherckMississippi Supreme Court · 1882
- Benson v. StewartMississippi Supreme Court · 1855
- Knowles v. SummeyMississippi Supreme Court · 1876
- Clayton v. MerrettMississippi Supreme Court · 1876
- Kilcrease v. ShelbyMississippi Supreme Court · 1851
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Teegarden v. BurtonNebraska Supreme Court · 1901
- Weir v. MonahanMississippi Supreme Court · 1889
- Corey v. MatotCalifornia Court of Appeal · 1920
- Estate of Johnson v. Graceland Care Center of Oxford, LLCMississippi Supreme Court · 2010
- Triplett v. United StatesDistrict Court, S.D. Mississippi · 1963
1 more not listed; retrieve them via the Exa API.