Foute v. Fairman
Mississippi Supreme Court
Appeal from the chancery court of Copiah county. Peyton, Chancellor. The opinion of the court contains a sufficient statement of the case.
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Appeal from the chancery court of Copiah county. Peyton, Chancellor. The opinion of the court contains a sufficient statement of the case. The question of the validity of the mortgage was once settled for the appellant by demurrer to his bill, on overruling which, the defendants, by answer, raise the following, among other objections, to a decree of foreclosure: 1. That the contract of Zera C. Fairman, on the 26th of August,' 1862, to deliver to Foute on thirty days’ notice, 18,205 lbs. ginned cotton was void, becausé made in consideration of a payment to Fairman of $1,820.50, Confederate…
1Opinion of the Court
Simball, J.:
Augustus M. Foute, the appellant, brought this bill to foreclose a mortgage executed by Z. C. Fairman and wife, conveying certain lands as security for the performance of the contract therein mentioned. The lands are accurately described in the mortgage as to the county and state, and the section and fractions of sections, but omits the township and range.
The complainant states that this mortgage was duly executed and recorded in the proper office, in 1865. The indebtedness of Z. C. Fairman originated in a purchase of cotton by the complainant from him, in 1862, for which he paid…
2Cases cited4 opinions
- Brown v. PierceSupreme Court of the United States · 1869
- Hanna v. RenfroMississippi Supreme Court · 1856
- Stebbins v. NilesMississippi Supreme Court · 1852
- Walton v. HargrovesMississippi Supreme Court · 1868
3Cited by6 opinions
- Commercial Credit Co. v. DavidsonCourt of Appeals for the Fifth Circuit · 1940
- Jones v. HicksonMississippi Supreme Court · 1948
- Haughton v. SartorMississippi Supreme Court · 1893
- Candler v. CromwellMississippi Supreme Court · 1911
- Shuler v. MurphyMississippi Supreme Court · 1907
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