Home Mutual Building & Loan Ass'n v. Leonard
Mississippi Supreme Court
Ekom the circuit court of Madison county. Hon. Robert Powell, Judge. The appellant, the Home Mutual Building and Loan Association, was the plaintiff in the court below; Leonard and his .wife, appellees, were'defendants there. Leonard obtained a loan from appellant, giving a deed of trust on the premises in controversy to secure the same. Afterwards he obtained two other loans and executed deeds of trust on same lands to secure them.
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Ekom the circuit court of Madison county. Hon. Robert Powell, Judge. The appellant, the Home Mutual Building and Loan Association, was the plaintiff in the court below; Leonard and his .wife, appellees, were'defendants there. Leonard obtained a loan from appellant, giving a deed of trust on the premises in controversy to secure the same. Afterwards he obtained two other loans and executed deeds of trust on same lands to secure them. After paying dues for some' time, he ceased making payments, and the property was finally sold under the last two deeds of trust and was bought by appellant.…
1Opinion of the CourtWhitfiedd, J.
This record presents a case with some features of extraoi*di-nary hardship; and we are not to be understood as saying that the appellees may not be entitled to relief in the proper forum/ 'But.the defenses which would be available, if any, are equitable and cannot be interposed in this action. Endlich Building fe Loan Associations, secs. 309, 313, 510, 512. And *47to that forum appellees may still resort, if they desire. It is not allowable for them, further, to present as a defense here, matter which would sustain a proceeding by quo warranto on the part of the state. Ib., secs. 481, 507. “No…
2Cases cited3 opinions
- Hamill v. Bank of Clear Creek CountySupreme Court of Colorado · 1896
- Lobdell v. MasonMississippi Supreme Court · 1894
- Williams v. SimpsonMississippi Supreme Court · 1892
3Cited by3 opinions
- Smith v. Williams-Brooke Co.Mississippi Supreme Court · 1916
- Mississippi Building & Loan Ass'n v. McElveenMississippi Supreme Court · 1911
- Tate v. TateMississippi Supreme Court · 1953