McNair v. Stanton
Mississippi Supreme Court
Appeal from the Chancery Court of Lincoln County. Hon. Thomas Y. Berry, Chancellor. The appellee, on December 14,1878, filed this bill in chancerj^ against the appellant and her husband to enforce the payment of a note, due Nov. 1, 1869, which she gave for the purchase-money of the land sought to be subjected, and secured by a deed of trust thereon. The appellant’s demurrer, setting up the Statute of Limitations of six years, was overruled.
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Appeal from the Chancery Court of Lincoln County. Hon. Thomas Y. Berry, Chancellor. The appellee, on December 14,1878, filed this bill in chancerj^ against the appellant and her husband to enforce the payment of a note, due Nov. 1, 1869, which she gave for the purchase-money of the land sought to be subjected, and secured by a deed of trust thereon. The appellant’s demurrer, setting up the Statute of Limitations of six years, was overruled. The limitation applicable to this case is not that of Code 1871, § 2175, which relates to express trusts, but that of six years, provided by § 2150. The…
1Opinion of the CourtChalmers, J.
The note of a married woman, given for the purchase-money of land, imposes no personal obligation upon her, but she will be compelled by a court of equity to pay it or surrender the land, or so much of it as is necessary for the liquidation of the note. Johnson v. Jones, 51 Miss. 860. It is insisted that, inasmuch as this obligation to surrender the land is a trust raised and' imposed upon her by a court of equity, it becomes barred only after the expiration of ten years, under the provisions of Code 1871, § 2175, prescribing the period of limitation in cases of trusts not cognizable in…
2Cases cited1 opinion
- Johnson v. JonesMississippi Supreme Court · 1876
3Cited by1 opinion
- Cox v. American Freehold & Land Mortgage Co.Mississippi Supreme Court · 1906