Uhler v. Adams
Mississippi Supreme Court
From the chancery court of Madison county. Hon. H. C. Conn, Chancellor. Until September, 1885, the appellant, S. L. Uhler, resided in Pennsylvania, where the appellants, Anna M. Hunt, his sister, and Edward I. Hunt, his brother-in-law, still reside. On September 1, 1885, he traded his paper mill at Uhlersville, Pa., for a farm near Leesburg, Va., and borrowed $2,000 from his sister, Mrs. Hunt, to make the necessary cash payment on the trade.
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From the chancery court of Madison county. Hon. H. C. Conn, Chancellor. Until September, 1885, the appellant, S. L. Uhler, resided in Pennsylvania, where the appellants, Anna M. Hunt, his sister, and Edward I. Hunt, his brother-in-law, still reside. On September 1, 1885, he traded his paper mill at Uhlersville, Pa., for a farm near Leesburg, Va., and borrowed $2,000 from his sister, Mrs. Hunt, to make the necessary cash payment on the trade. He was then already indebted to his sister, Mrs. Hunt, in the sum of $2,281, and to Edward I. Hunt in the sum of $1,621, and executed a mortgage on the…
1Opinion of the CourtWoods, J.
the court.
On the former appeal in this case we held that E. I. Hunt and Anna M. Hunt must occupy the position of mortgagees not in possession. The case, as then presented, left us doubtful as to their claim of title of ownership in St. Mary’s plantation, and, while we declined to recognize their absolute ownership of the property, we did fully recognize their debts against Uhler and their right to satisfaction of the same by a sale of the place for that purpose. We advisedly made them, in invitum, mortgagees not in possession, in order that their debts might not be consumed by the rental…
2Cases cited1 opinion
- Hester v. ThomsonMississippi Supreme Court · 1880
3Cited by1 opinion
- Baird v. McNamaraMississippi Supreme Court · 1900