Clark v. Trustees of Jefferson College
Mississippi Supreme Court
On the 21st day of February, 1857, Mrs. M. S. Clark and her husband, Robert Clark, executed their joint promissory note to the trustees of Jefferson College for $2,000, payable twelve months after date. To secure its payment they executed a deed of trust ■on land belonging to Mrs. Clark, one Oren Metcalf being the trustee. The deed of trust contained the usual power of sale in the trustee upon default.
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On the 21st day of February, 1857, Mrs. M. S. Clark and her husband, Robert Clark, executed their joint promissory note to the trustees of Jefferson College for $2,000, payable twelve months after date. To secure its payment they executed a deed of trust ■on land belonging to Mrs. Clark, one Oren Metcalf being the trustee. The deed of trust contained the usual power of sale in the trustee upon default. In March, 1877, the said trustees filed the bill in this case in the Chancery Court of Adams county, against these parties, praying for the foreclosure of the deed of trust to pay the debt…
1Opinion of the Court
Opinion.
Campbell, J.:
A pro confesso may be taken at the return term, although the summons be not personally executed. Code of 1871, § 1021. Section 632 of same Code does not apply to Chancery Courts.
The defense of the statute of limitations must be availed of in some mode by the defendant, before a decree, and cannot be invoked for the first time by appeal. Patterson v. Ingraham, 23 Miss. 87; Archer v. Jones, 26 Miss. 583; Wood v. Ford, 29 Miss. 57; Wilkinson v. Flowers, 37 Miss. 579.
In this respect, there is no difference between a married woman and any other adult defendant. As a party to a…
2Cases cited7 opinions
- Stone v. MontgomeryMississippi Supreme Court · 1858
- Wilkinson v. FlowersMississippi Supreme Court · 1859
- Russ v. WingateMississippi Supreme Court · 1855
- Wood v. FordMississippi Supreme Court · 1855
- Sessions v. BaconMississippi Supreme Court · 1852
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