Eggleston v. Watson
Mississippi Supreme Court
Appeal from the Chancery Court of Holmes County. Hon. Thomas Walton, Chancellor. This was a bill in chancery, filed on the 12th November, 1874, by Mary Watson against William Eggleston, to foreclose a mortgage on “ Wanalaw ” Plantation in Holmes County, Miss.
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Appeal from the Chancery Court of Holmes County. Hon. Thomas Walton, Chancellor. This was a bill in chancery, filed on the 12th November, 1874, by Mary Watson against William Eggleston, to foreclose a mortgage on “ Wanalaw ” Plantation in Holmes County, Miss. The bill charges that the land described as “ Wanalaw Plantation ” in the mortgage, in fact embraces certain subdivisions of sects. 28 & 21 T., 16 R., 2 E., the bill describing them, that Eggleston gave a mortgage on said plantation to secure a debt to Garrard, Craig & Co., and, on 1st January, 1872, said debt was due, was transferred to…
1Opinion of the CourtCampbell, J.
The mortgage to foreclose which the bill was exhibited states that the land was described in the instrument as the mortgagor’s undivided third interest in a plantation situate in Holmes County, known as “ Wanalaw,” &c. The bill was demurred to, and one cause assigned is that the mortgage is void for uncertainty as to the thing conveyed. We do not think so. The description refers to extrinsic facts, and it may be shown what plantation in Holmes County is known as “ Wanalaw.” A perusal of the instrument at once points to a certain extrinsic fact as descriptive of the plantation embraced in its…
2Cases cited1 opinion
- Bowers v. AndrewsMississippi Supreme Court · 1876
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