White v. Thomas
Mississippi Supreme Court
Appeal from the Chancery Court of Washington County. Hon. E. Stafford, Chancellor. The opinion of the court contains a very full statement of all the material facts in the case. The following is assigned for error : 1. The court erred in overruling the demurrer of S. E. White. A lien is not necessarily a mortgage, nor will the simply giving a lien create a mortgage.
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Appeal from the Chancery Court of Washington County. Hon. E. Stafford, Chancellor. The opinion of the court contains a very full statement of all the material facts in the case. The following is assigned for error : 1. The court erred in overruling the demurrer of S. E. White. A lien is not necessarily a mortgage, nor will the simply giving a lien create a mortgage. “ A lien is not in strictness a jus in re or a jus ad rem, but it is simply a right to possess and retain property until some charge attaching to it is paid or discharged.” 1 Story Eq. Jur., § 506. A mortgage is a conveyance to be…
1Opinion of the CourtCampbell, J.
In January, 1871, appellees leased a plantation in Washington county to appellant for two years, for a yearly rental of $450, and certain work to be done by the lessee on the land; and to secure the payment of the money and the performance of the stipulations of the lessee as to the work to *51be done, it was provided in said contract of lease that the lessors should have a lien upon the crops raised on the place, and upon the stock and farming implements of the lessee. This contract of lease was in writing and duly executed by lessee, and acknowledged and recorded. The lessee occupied the…
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