Bank of Lexington v. Cooper
Mississippi Supreme Court
Appeal from the chancery court of Holmes county. Hon. A. Y. Woodward, Chancellor. Bill by the Bank of Durant against J. A. McDonald and the Bank of Lexington, in which B. L. Cooper, special agent was substituted as plaintiff. From a decree for complainant, defendant appeals. This case presents conflicting claims as to the priority of liens of certain deeds of trust held by appellant Bank of Lexington and the appellee as special agent of the Bank of Durant.
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Appeal from the chancery court of Holmes county. Hon. A. Y. Woodward, Chancellor. Bill by the Bank of Durant against J. A. McDonald and the Bank of Lexington, in which B. L. Cooper, special agent was substituted as plaintiff. From a decree for complainant, defendant appeals. This case presents conflicting claims as to the priority of liens of certain deeds of trust held by appellant Bank of Lexington and the appellee as special agent of the Bank of Durant. The facts are that one J. A. Me-Donald, on April 14, 1904, borrowed from tbe Bank of Durant six hundred and forty-five dollars, evidenced…
1Opinion of the CourtStevens, J.
(After stating the facts as above). Appellant contends that it had the absolute right to rely upon the recitals appearing on the face of the recorded instruments, and accordingly that the court, in disposing of the conflicting claims of the parties hereto, must regard: First, the true maturity of the first note given the Bank of Durant as January 1, 1904; and secondly, must regard the true date of the renewal trust deed executed to the Bank of Durant as October 11, 1911. These are the two mistakes which the undisputed proof shows to appear on the records in the chancery clerk’s office. If…
2Cases cited3 opinions
- Mangold v. BarlowMississippi Supreme Court · 1884
- Klaus v. MooreMississippi Supreme Court · 1900
- O'Connell v. PateCourt of Appeals for the Sixth Circuit · 1893
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