Culp v. Wooten
Mississippi Supreme Court
Fhom tbe circuit court of, first district, Ooaboma county. Hon. Frank E. Larkin, Judge. Wooten & Agee, appellees, were plaintiffs in tbe court below; Culp, appellant, was defendant there. Tbe facts are fully stated in tbe opinion of tbe court. Tbe right of possession to tbe land in controversy is the only question involved in this case.
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Fhom tbe circuit court of, first district, Ooaboma county. Hon. Frank E. Larkin, Judge. Wooten & Agee, appellees, were plaintiffs in tbe court below; Culp, appellant, was defendant there. Tbe facts are fully stated in tbe opinion of tbe court. Tbe right of possession to tbe land in controversy is the only question involved in this case. A mortgagor is entitled to possession of lands conveyed thereunder, until default is made in the payment of the debt secured, and demand made by tbe mortgagee for tbe purposes of a sale. A conveyance or other writing absolute on its face, where the maker does…
1Opinion of the Court
CalhooN, T.,
delivered the opinion of the court.
Wooten & Agee brought their action of unlawful entry and detainer against Gulp for the possession of certain land, lost their case before the court of the justice of the peace, appealed to the circuit court, won there, and Gulp appeals to this court.
Under the law once existing here, a deed absolute on its face might be shoAvn, by parol, to be in fact a mortgage to secure a debt. Section 1299 of the code of 1880, brought forward in § 4233 of the code of 1892, introduced a modification of this doctrine by providing that an absolute deed should be…
2Cited by1 opinion
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