Russ v. Wingate
Mississippi Supreme Court
Appeal from the chancery side of the Circuit Court of Hancock county. Hon. John E. McNair, chancellor. > David R. Wingate filed his bill in the Court below, to foreclose a mortgage executed jointly by Russ and wife, to secure their joint note, payable to said Wingate. The defendants demurred to the bill, upon the ground stated in the opinion of the court. The demurrer was overruled, and defendants required to answer.
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Appeal from the chancery side of the Circuit Court of Hancock county. Hon. John E. McNair, chancellor. > David R. Wingate filed his bill in the Court below, to foreclose a mortgage executed jointly by Russ and wife, to secure their joint note, payable to said Wingate. The defendants demurred to the bill, upon the ground stated in the opinion of the court. The demurrer was overruled, and defendants required to answer. From this they appealed. 1. That it was indispensable that the official character of the officer by whom a certificate of acknowledgment is made, should be stated in the body of…
1Opinion of the CourtHandy, J.
This was a bill in chancery to foreclose a mortgage, alleging that the complainant, now the appellee here, sold certain property to the appellants, Russ and wife, who executed their promissory notes to the complainant for the purchase money, and to secure the payment thereof, gave a mortgage upon certain slaves and real estate. The acknowledgment of this mortgage is in form as follows :—
“ The St'ate of Mississippi, 1 Hancock county. /
i£ At Pearlington, in said state and county on the 14th day of *445March, A. D., 1854, then personally appeared the above named Edwin E. Russ, and Cornelia Russ his…
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