Kelly v. Reid
Mississippi Supreme Court
Eeeoe to the Circuit Court of Madison County. Hon. S. S. Calhoon, Judge. The evidence showed that the mortgagor owned, whetí the deed was made, the number named therein of each description of animals, and no others of the same kind. The execution of the mortgage was an assertion of ownership, and the presumption from giving it is that the property embraced belonged to the grantor. Its effect was the same as if it read “ my 30 head of cattle, my 3 horses, and my 2 mules.”
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Eeeoe to the Circuit Court of Madison County. Hon. S. S. Calhoon, Judge. The evidence showed that the mortgagor owned, whetí the deed was made, the number named therein of each description of animals, and no others of the same kind. The execution of the mortgage was an assertion of ownership, and the presumption from giving it is that the property embraced belonged to the grantor. Its effect was the same as if it read “ my 30 head of cattle, my 3 horses, and my 2 mules.” The grantor is not to be assumed guilty of obtaining money by mortgaging wbat did not belong to him. The construction for…
1Opinion of the CourtGeorge, C. J.
The plaintiff in error is the trustee in a mortgage, in which the property attempted to be conveyed by it was described in these words: “ The following described real and personal estate-lying and being in the County of Madison and State of Mississippi, to wit: 30 head of cattle, 6 oxen, 3 horses, 2 mules, 3 wagons, 50 hogs, also all the crop of cotton, corn, fodder, and potatoes, and all other produce which may be raised on the O’Reilly place in said county.” After this mortgage was recorded, the defendant in error recovered a judgment against the mortgagor, and levied his execution on the…
2Cited by28 opinions
- Stonebraker v. FordSupreme Court of Missouri · 1884
- Spivey v. . GrantSupreme Court of North Carolina · 1887
- Estes v. SpringerMissouri Court of Appeals · 1891
- United Bank & Trust Co. v. PowersCalifornia Court of Appeal · 1928
- Cowden v. LockridgeMississippi Supreme Court · 1882
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