Campbell v. Davis
Mississippi Supreme Court
From the chancery court of Kemper county. Hon. James F. McCool, Chancellor. Davis and wife, appellees, were complainants in the court below; Campbell, the appellant, the beneficiary, and another, the trustee, in a deed of trust executed by appellees, were defendants there. From a decree in favor of complainants the defendant, Campbell, appealed to the supreme court.
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From the chancery court of Kemper county. Hon. James F. McCool, Chancellor. Davis and wife, appellees, were complainants in the court below; Campbell, the appellant, the beneficiary, and another, the trustee, in a deed of trust executed by appellees, were defendants there. From a decree in favor of complainants the defendant, Campbell, appealed to the supreme court. Appellees obtained an injunction to prevent a foreclosure sale under a deed of trust executed by appellees to secure an indebtedness due to the appellant. The deed of trust recited the indebtedness to be $700, for money and…
1Opinion of the CourtEletchbr, J.
The contention, earnestly argued, that the chancellor erred *167in permitting the complainant to show by parol that the note and deed of trust did not correctly recite the amount of the debt, but a sum far in excess of the true indebtedness, must fail in the light of the explanation given by Davis, and .which was accepted by the chancellor as true. This statement was that only $200 was owing, but that at Campbell’s request the amount was stated as $700, in order that Campbell might use the paper as collateral. This brings the case squarely within the well-established rule thus admirably stated by…
2Cases cited2 opinions
- Cocke v. BlackbournMississippi Supreme Court · 1880
- McDonald v. KamperMississippi Supreme Court · 1906
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