Millsaps v. Bond
Mississippi Supreme Court
Appeal from the Chancery Court of Pike County. Hon. Laugh McLauein, Chancellor. On February 8, 1879, W. M. Connerly executed a mortgage on lot 8, square 14, town of Magnolia, on lots 3 and 4, square 19, town of Magnolia, and on certain lands in Pike County to J. T. Bond to secure certain notes given by the former to the latter. Afterward Connerly executed a mortgage on lot 8, square 14, town of Magnolia, to E. W. Millsaps, and sold the lands in Pike County to F. M. Lee.
Read the full summary
Appeal from the Chancery Court of Pike County. Hon. Laugh McLauein, Chancellor. On February 8, 1879, W. M. Connerly executed a mortgage on lot 8, square 14, town of Magnolia, on lots 3 and 4, square 19, town of Magnolia, and on certain lands in Pike County to J. T. Bond to secure certain notes given by the former to the latter. Afterward Connerly executed a mortgage on lot 8, square 14, town of Magnolia, to E. W. Millsaps, and sold the lands in Pike County to F. M. Lee. On condition broken J. T. Bond filed this bill to foreclose his mortgage, and made W. M. Connerly, R. W. Mill-saps, and F.…
1Opinion of the CourtCooper, C. J.
Whether in the absence of all evidence competent as between the junior mortgagee and the purchaser of a part of the mortgaged property to establish the respective dates of their conveyances, the court ought to have made any decree directing the order in which the lands so mortgaged or conveyed should be sold, it is unnecessary to decide, since the decree must be reversed on another ground. By his bill, which was taken for confessed against the defendant, Connerly, the complainant, charged that a part of the mortgaged premises had been, subsequent to the execution and enrollment of his own…
2Cited by4 opinions
- Dilworth v. Federal Reserve BankMississippi Supreme Court · 1933
- Pongetti v. Bankers Trust Savings & Loan Ass'nMississippi Supreme Court · 1979
- Dilworth v. Federal Reserve BankMississippi Supreme Court · 1933
- Pongetti v. BANKERS TRUST SAV. & L. ASS'NMississippi Supreme Court · 1979