Hembree v. Johnson
Mississippi Supreme Court
Appeal from the chancery court of Neshoba county. Hon. A. Y. Woodwabd, Chancellor. Suit for injunction by T. L. Hembree and others against Oscar Johnson and others. Prom the decree rendered, complainants appeal. The facts are fully stated' in the opinion of the court. It seems that the chancellor must have gone off on the idea that the statute of limitations does not apply to an account secured by a trust deed. In this he is clearly wrong.
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Appeal from the chancery court of Neshoba county. Hon. A. Y. Woodwabd, Chancellor. Suit for injunction by T. L. Hembree and others against Oscar Johnson and others. Prom the decree rendered, complainants appeal. The facts are fully stated' in the opinion of the court. It seems that the chancellor must have gone off on the idea that the statute of limitations does not apply to an account secured by a trust deed. In this he is clearly wrong. Section 2457 of Hemingway’s Code, also Huntingdon v. Bobbitt, 46 Miss. 528; Maddox v. Jones, 51 Miss. 531. That Hembree had the right and authority to…
1Opinion of the CourtHolden, J.
The appellants sued out awrit of injunction stopping a foreclosure sale under a deed of trust executed by the appellants in favor of appellees, and also asked for an accounting. Upon the hearing of the cause it seems the controversy narrowed down to really but *207.one question, which requires consideration and decision at onr hands. '
The record shows that before the writ of injunction was sought the appellants tendered to the appellee, trustee, in the deed of trust, the sum of four hundred and ten dollars as satisfaction of the amount due under the trust deed, and offered to pay all expenses…
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