Mercer v. Stark
Mississippi Chancery Courts
In the year 1828, Wm. N. Mercer, administrator of B. Farrar, deceased, filed his bill to foreclose a mortgage given by defendant to Farrar, dated October 19tb, 1824, upon a tract of land on the waters of Bayou Sarah, in Wilkinson county, containing 2000 acres (the title to which was then in controversy between the heirs of Robert Stark and James Mather), to secure the payment of a promissory note for $5000, with interest thereon at 10 per cent, per annum, from the 1st day of…
Read the full summary
In the year 1828, Wm. N. Mercer, administrator of B. Farrar, deceased, filed his bill to foreclose a mortgage given by defendant to Farrar, dated October 19tb, 1824, upon a tract of land on the waters of Bayou Sarah, in Wilkinson county, containing 2000 acres (the title to which was then in controversy between the heirs of Robert Stark and James Mather), to secure the payment of a promissory note for $5000, with interest thereon at 10 per cent, per annum, from the 1st day of March, 1821, until paid, said note bearing date 31st of May, 1821, or 1825. Stark filed his answer on, the 22d of…
1Opinion of the Court
Chancellor.
On the opening of this cause, it struck me on the very threshold of the argument, that the steps heretofore taken in it placed it in a posture, at once novel and embarrassing, as to what further action, if any, should be taken by this Court. The subsequent reflection which I have bestowed upon the case,, has served to strengthen, rather than remove my first impression. The case was originally instituted in the Court of Chancery existing under the old constitution. One of the original counsel having been elevated to the Chancery bench, pending the case before that court, it was…
2Cases cited1 opinion
- Leggett v. DuboisNew York Court of Chancery · 1835
3Cited by3 opinions
- Rimer v. DuganMississippi Supreme Court · 1860
- Davis v. HeardMississippi Supreme Court · 1870
- Alexander v. MeekMississippi Supreme Court · 1923