Nixon v. Jullian
Mississippi Supreme Court
Fhom the chancery court of Harrison county. Hon. W. T. Houston, Chancellor. The opinion states the facts. The court below seems to have created a warranty against incumbrances, contrary to the express language of the deed, and to have worked out subrogation on such creation. Chapman v. Sims, '53 Miss., 154, merely holds that a quitclaim deed does not by itself imply a doubtful title, but it is not authority for the creation of an express warranty contrary to its terms.
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Fhom the chancery court of Harrison county. Hon. W. T. Houston, Chancellor. The opinion states the facts. The court below seems to have created a warranty against incumbrances, contrary to the express language of the deed, and to have worked out subrogation on such creation. Chapman v. Sims, '53 Miss., 154, merely holds that a quitclaim deed does not by itself imply a doubtful title, but it is not authority for the creation of an express warranty contrary to its terms. Nor does Wright v. Bramder, 62 Miss., 82, sustain such a view. There could be no subrogation to the warranty of the canning…
1Opinion of the CourtCooper, C. J.
On the thirtieth day of March, 1877, the appellant was the owner of the land described, in the pleadings, and on that day mortgaged it to one Beard to secure the payment of a note for *572two hundred dollars executed by her on that day to him. The mortgage was duly recorded. Beard assigned the note to Seal, who exhibited his bill in this cause against the appellant, Nixon, the mortgagor and against the appellee, who, the bill states, claims some interest in the land. The prayer of the bill is that the mortgagor may be decreed to pay the amount due on the note, and, in default thereof, that the…
2Cases cited3 opinions
- Kirkpatrick v. MillerMississippi Supreme Court · 1874
- Dillow v. WarfelSupreme Court of Iowa · 1887
- Reynolds v. NelsonMississippi Supreme Court · 1866
3Cited by2 opinions
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