Heflin v. Kinard
Mississippi Supreme Court
From the chancery court of Itawamba county. Hon. Baxter McFarland, Chancellor. Appellee, who was complainant in the court below, obtained a decree, and his injunction was made perpetual. Defendant appeals. The court considers it necessary to pass on only one of the questions discussed by the counsel. The' facts as to this are fully stated in the opinion. The new promise was sufficient, and prevents the bar of the statute.
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From the chancery court of Itawamba county. Hon. Baxter McFarland, Chancellor. Appellee, who was complainant in the court below, obtained a decree, and his injunction was made perpetual. Defendant appeals. The court considers it necessary to pass on only one of the questions discussed by the counsel. The' facts as to this are fully stated in the opinion. The new promise was sufficient, and prevents the bar of the statute. Hart v. Boyt, 54 Miss. 547. It is not necessary that the new promise should be endorsed upon the original instrument, nor that it should be made for the purpose of saving…
1Opinion of the CourtCooper, J.
W. J. ICinard, Sr., on the 15th of March, 1881, executed his note for the sum of $160, payable on the 1st day of June next thereafter to J. W. Brown, county treasurer of Itawamba county, or his successor in office, and, to secure the same, executed a deed of trust upon the lands described in complainant’s bill. In July, 1887, ICinard, Sr., conveyed the lands to his son, W. J. ICinard, Jr. In November, 1887, Heflin, the successor in office of Brown, caused the lands to be advertised for sale by the trustee for the payment of said note; and thereupon Kinard, Jr., exhibited this bill to enjoin…
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