Foote v. Hambrick
Mississippi Supreme Court
From the chancery court of Noxubee county. Hon. T. B. Graham, Chancellor. Bill in chancery to foreclose a trust-deed. The facts are-stated in the opinion. It may be added that the bill, while alleging a mistake in the description of the land intended to-be embraced in the trust-deed, contains no prayer for a reformation thereof, or for general relief. The tendency of courts now is to uphold and enforce con'tracts of all kinds according to the intention of the parties..
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From the chancery court of Noxubee county. Hon. T. B. Graham, Chancellor. Bill in chancery to foreclose a trust-deed. The facts are-stated in the opinion. It may be added that the bill, while alleging a mistake in the description of the land intended to-be embraced in the trust-deed, contains no prayer for a reformation thereof, or for general relief. The tendency of courts now is to uphold and enforce con'tracts of all kinds according to the intention of the parties.. Liberality has taken the place of strictness. Collins v. Collins, 51 Miss., 311. Even if the alteration were unauthorized or…
1Opinion of the CourtWoods, J.
The material facts shown by the appellant’s original bill, and admitted by the demurrer of the appellee, are these, viz.: The appellee and her husband, J. T. L. Hambxdck, being indebted to appellant in the sum of $6,973.95, agreed to give him their note for that amount, and to secure the payment thereof by a trust-deed ixx his-favor oxx certain lands in Noxubee couxity, ixicludixxg the north-east one-fourth and thirty acres off the east'uide of the north-west one-foux’th of section 17, township 16, l’ange 19; axxd they accordingly made and delivered to appellant their promissoi’y xiote for…
2Cases cited2 opinions
- Maxwell v. MaxwellCourt of Appeals of Kentucky · 1860
- Russell v. ReedSupreme Court of Minnesota · 1887
3Cited by6 opinions
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- Osborn v. HallIndiana Supreme Court · 1903
- Wallace v. TiceOregon Supreme Court · 1898
- Lohman v. ReymondNew Mexico Supreme Court · 1913
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