Legal Opinion

State ex rel. Brown v. Scottish American Mortgage Co.

Mississippi Supreme Court

Decided March 15, 1916PublishedCited by 2 opinions

Appeal from the chancery court of Franklin county. Hon. R. W. Cutker,- Chancellor. Suit by the state on the relation of McA. Brown, as land commissioner, against the Scottish American Mortgage Company Limited, to escheat certain lands held by defendant. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

1Opinion of the CourtStevens, J.

This action was instituted by the state of Mississippi on the relation of its land commissioner, to escheat certain lands purchased by appellee at a sale foreclosing a mortgage or deed of trust held by appellee against one Nathan Bunckley. The suit was brought April 29, 1913, and is based on the ground that appellee is a nonresident alien. The bill alleges that appellee is a nonresident alien corporation; that said corporation, April 26-, 1888, loaned Nathan Bunckley five thousand dollars, and to secure the payment of same, took a deed of trust on the lands in dispute, with one Albert S.…

2Cases cited10 opinions

  1. Bank of Augusta v. EarleSupreme Court of the United States · 1839
  2. Braun v. SauerweinSupreme Court of the United States · 1870
  3. Oregon Mortgage Co. v. CarstensWashington Supreme Court · 1896
  4. St. Paul, Minneapolis & Manitoba Railway Co. v. OlsonSupreme Court of Minnesota · 1902
  5. Scottish-American Mortgage Co. v. BunckleyMississippi Supreme Court · 1906

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3Cited by2 opinions

  1. Fealy v. City of BirminghamAlabama Court of Appeals · 1916
  2. Springfield Grocery Co. v. DevittMississippi Supreme Court · 1921

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