James v. Fisk
Mississippi Supreme Court
Appeal from an interlocutory decree of the superior court of chancery, dissolving an injunction ; Hon. Robert H. Buckner, chancellor. Mary K. James filed in the court below her bill to review a decree of that court, obtained against herself and others by Alvarez Fisk, directing the foreclosure of a mortgage executed by herself and husband.
Read the full summary
Appeal from an interlocutory decree of the superior court of chancery, dissolving an injunction ; Hon. Robert H. Buckner, chancellor. Mary K. James filed in the court below her bill to review a decree of that court, obtained against herself and others by Alvarez Fisk, directing the foreclosure of a mortgage executed by herself and husband. She stated that on the 16th day of February, 1837, she made a marriage contract with Joshua James, whom she afterwards married, by which her separate estate was settled on her, through Thomas Bernard, her trustee, and by which she was authorized “ to give,…
1Opinion of the CourtJustice Clayton
The complainant,. Mrs. James, before her marriage, conveyed all her estate, real and personal, to Bernard, as trustee, for her own sole and separate use, free from the control, contracts and debts of her intended husband, but with unlimited power of disposition over it, upon her part, either by deed or by will. Several years after the marriage, her husband being largely indebted to Fisk, and Bernard, the trustee, being bound with him as surety; an agreement was made, by which an indulgence of several years was granted to the husband, and Mrs. James became bound in the notes with him, and gave…
2Cases cited4 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Ex Parte City BankSupreme Court of the United States · 1844
- Hepburn v. DuboisSupreme Court of the United States · 1838
- West v. WestSupreme Court of Pennsylvania · 1824