Ferguson v. Shepherd
Mississippi Supreme Court
Appeal from the Chancery Court of Wilkinson County. Hon. H. S. Van Eaton, Chancellor. • The case is stated in the opinion of the court. It is perfectly clear that the complainant has a mortgage lien for the security and payment of the note mentioned in the bill of complainant, and the court erred in sustaining the demurrer and dismissing the bill. See Hutch. Code, 675, sect. 3, art. 8; Bey. Code 1857, p. 463, art. 152; p. 446, art. 90; Bev.
Read the full summary
Appeal from the Chancery Court of Wilkinson County. Hon. H. S. Van Eaton, Chancellor. • The case is stated in the opinion of the court. It is perfectly clear that the complainant has a mortgage lien for the security and payment of the note mentioned in the bill of complainant, and the court erred in sustaining the demurrer and dismissing the bill. See Hutch. Code, 675, sect. 3, art. 8; Bey. Code 1857, p. 463, art. 152; p. 446, art. 90; Bev. Code 1871, p. 226, sect. 1150; p. 243, sect. 1222; Miller, Admr., v. Helm, 2 Smed. & M. 687 ; Lambeth, v. Elder, 44 Miss. 80 ; Walker v. Fuqua, 2 Cushm.…
1Opinion of the CourtChalmers, C. J.
A guardian sought and obtained authority to sell the land of his wards; he was ordered to sell for cash. He sold for $8,000, and reported back to the court that he had received the money in cash, and the sale yas confirmed by the court as a cash sale, and a deed executed so reciting. In fact, about one-half only of the amount of the bid was paid in cash, the note of the purchaser being taken for the balance. This balance remaining in great part unpaid, this bill is filed by the guardian against the administratrix and children of the purchaser, who is now dead, for the purpose of subjecting…
2Cited by3 opinions
- Bridges v. ReaSupreme Court of Oklahoma · 1916
- In re AxtellMichigan Supreme Court · 1893
- Tate v. BushMississippi Supreme Court · 1884