Coon v. Robinson Mercantile Co.
Mississippi Supreme Court
Appeal from the circuit court of Wilkinson County. Hon. E. E. Jackson, Judge. ' Suit by E. C. Coon against the Eobinson Mercantile Company. Prom a judgment for defendant, plaintiff appeals.
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Appeal from the circuit court of Wilkinson County. Hon. E. E. Jackson, Judge. ' Suit by E. C. Coon against the Eobinson Mercantile Company. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court» The conditions of the deed of trust were never broken,, the. account for advances was. over paid, and the debt for agreed advances secured by the deed of trust was thereby discharged pro tanto and the deed of trust should have been canceled of record on the legal and written request of the appellant. Ogden v. Harrison, 56 Miss. 743; Morgan v. Price,…
1Opinion of the CourtCook, P. J.
This suit was begun by appellant against appellee, under section 2781, Code 1906, to recover the penalty of fifty dollars, and damages, for failing and refusing to enter satisfaction on the margin of the record of a deed of trust. The record shows, without dispute, that appellant had paid to appellee all of the debt incurred by him, which was secured by the deed of trust, and that appellant had requested that the deed of trust be canceled. The deed of.trust covered the crop raised by appellant on certain rented lands, the crops were delivered to the cestui que trust, and their value credited…
2Cited by2 opinions
- Brown v. YarbroughMississippi Supreme Court · 1922
- Coon v. PattersonMississippi Supreme Court · 1916