Phillips v. Chamberlain
Mississippi Supreme Court
Appeal from the Chancery Court of Noxubee County. Hon. F. A. Critz, Chancellor. On the 20th day of February, 1877, Lewis E. Smith executed to - George G. Dillard, as trustee, for the benefit of P. W. Phillips, a deed of trust upon certain described land and personal property to secure the payment of two thousand dollars, evidenced by the promissory note given by Smith to Phillips of same date, to cover advances and plantation supplies for the current year, and payable…
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Appeal from the Chancery Court of Noxubee County. Hon. F. A. Critz, Chancellor. On the 20th day of February, 1877, Lewis E. Smith executed to - George G. Dillard, as trustee, for the benefit of P. W. Phillips, a deed of trust upon certain described land and personal property to secure the payment of two thousand dollars, evidenced by the promissory note given by Smith to Phillips of same date, to cover advances and plantation supplies for the current year, and payable December J, 1877. This note was subsequently surrendered and the debt satisfied, but the deed of trust was suffered to remain…
1Opinion of the CourtCampbell, C. J.
We accept as correct the Chancellor’s conclusion as to the facts of this case as embodied in his decree, but we dissent from his view of the law applicable to this conclusion. Our view is that the deed of trust executed by Smith, on the 22d of April, 1878, to secure Phillips, was invalid, and not enforceable, as against the complainants in this suit, and that it should be canceled, so far as they are concerned, and that Mrs. Phillips,should'not be permitted to invoke it as against them, but that the Dew & Kirksey mortgages and the Tarleton judgment are the only claims she has *749which are…
2Cases cited1 opinion
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