Pearson v. Kendrick
Mississippi Supreme Court
From the chancery court of Bolivar county. The opinion states the case. 1. The right of the beneficiary of a deed of trust to foreclose in pais in nowise prej udices his right to do so in equity, and his rights to a receiver pendente lite is coextensive with that of a mortgagee, when the property is insufficient to pay the debt and the incumbrancer is insolvent.
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From the chancery court of Bolivar county. The opinion states the case. 1. The right of the beneficiary of a deed of trust to foreclose in pais in nowise prej udices his right to do so in equity, and his rights to a receiver pendente lite is coextensive with that of a mortgagee, when the property is insufficient to pay the debt and the incumbrancer is insolvent. Phillips v. Biland, 52 Miss., 721;. Myers v. Estill, 48 lb., 372. The rule is the same whether the incumbrance be a mortgage, a trust deed, or a vendor’s lien. 2. A decree discharging a receiver appointed under §§ 574, 575, code 1892,…
1Opinion of the CourtStockdale, J.
This cause is here on appeal from the decree of the chancery court of Bolivar county, rendered on September 18, 1896, discharging the receiver, C. T. Bell, theretofore appointed in this cause. Complainants, J. T. Wright, trustee, L. D. Nickles, trustee, and Leland L. Pearson exhibited their sworn bill of complaint in the chancery court of Bolivar county, on August 11, 1896, setting forth that on January 27, 1891, defendants, S. R. Kendricks, and his wife, Char*238lotte Kendricks, executed their joint note of that date, payable to Burbridge & Houston, on December 1, 1891, for $3,075, with interest…
2Cases cited5 opinions
- Mercantile Trust Co. of N. Y. v. Missouri, K. & T. Ry. Co.U.S. Circuit Court for the District of Kansas · 1888
- Myers v. EstellMississippi Supreme Court · 1873
- McDonald v. VinsonMississippi Supreme Court · 1879
- Phillips v. EilandMississippi Supreme Court · 1876
- Hanon & Sons v. Weil Bros.Mississippi Supreme Court · 1891