Windsor v. Kennedy
Mississippi Supreme Court
Appeal from the Cffiluceiy Court of Washington County. Hon. E. Stafford, Chancellor. A sufficient statement of the case, will be found in the opinion of .the. court.
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Appeal from the Cffiluceiy Court of Washington County. Hon. E. Stafford, Chancellor. A sufficient statement of the case, will be found in the opinion of .the. court. The foil owing, errors are assigned: 1. The court erred in not applying the, payment made by the complainants to the mortgage debt. 2. In rendering a decree against the appellants when, on a proper and correct application' of the payments made, the' mortgage debt was fully paid and'discharged. • ■ • By the contract of mortgage not only the -personal properly, but the growing crop, is pledged to secure .the |3,000 note given for…
1Opinion of the Court
Chalmers, J.,,
delivered the opinion of the court.. We cannot see that this case involves anything more than the question — more than once decided by this court — as to how payments shall be applied where the debtor owes a second and unsecured debt to the same party.
Windsor & Randolph executed a chattel mortgage on a future- crop and on their mules, to secure advances made and to be made, to the amount of $3,000, bjr S. H. Kennedy & Co., of New Orleans. A note for the $3,000, to fall due the succeeding winter, was given to represent the sum expected to be advanced, which note is particularly…
2Cases cited2 opinions
- McLaughlin v. GreenMississippi Supreme Court · 1873
- Neal v. AllisonMississippi Supreme Court · 1874