Cansler v. Sallis
Mississippi Supreme Court
Appeal from the Chancery Court of Itawamba County. Hon. Laeayette Hatjghton, Chancellor. T. Gr. Cansler filed this bill against E. D. Sallis, Thomas Mann and L. Hampton, alleging that, in December, 1873, the complainant sold to Sallis a tract of land, the purchase-money for which was paid in part, and for the balance Sallis gave his note. The complainant executed a deed to Sallis, and to secure the unpaid part of the purchase-money Sallis conveyed the land to Cayce, trustee.
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Appeal from the Chancery Court of Itawamba County. Hon. Laeayette Hatjghton, Chancellor. T. Gr. Cansler filed this bill against E. D. Sallis, Thomas Mann and L. Hampton, alleging that, in December, 1873, the complainant sold to Sallis a tract of land, the purchase-money for which was paid in part, and for the balance Sallis gave his note. The complainant executed a deed to Sallis, and to secure the unpaid part of the purchase-money Sallis conveyed the land to Cayce, trustee. Being indebted to Hampton, on May 4, 1874, Sallis conveyed the land to Mann, in trust to secure said indebtedness.…
1Opinion of the CourtChalmers, J.
That a mere change in the form of indebtedness will not discharge a lien, unless it is apparent that the parties intended to extinguish it, is well settled. The principle was stated and fully recognized in Lewis v. Starke, 10 S. & M. 120, 128, and in the recent case of Howell v. Bush, ante, 437; but in those cases the facts negatived any intention of retaining the lien, and demonstrated an opposite intention.
In this case, on the contrary, the allegations of the bill, which are admitted by the demurrer, are that “ when the new note and trust-deed were taken, it was not intended to destroy the…
2Cases cited3 opinions
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