Stone v. Buckner
Mississippi Supreme Court
ON appeal from the superior court of chancery; Hon. Stephen Cocke, chancellor. David W. Connelly and Robert H. Buckner filed their bill to foreclose a mortgage on land in the county of Washington, described in the bill, as to five notes of three thousand and fifty-oae dollars each, all executed by William P. Stone; one due 1st January, 1838, belonging to Buckner; two due 1st January, 1840; and two due 1st January, 1841, belonging to Connelly. [The mortgage embraces other…
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ON appeal from the superior court of chancery; Hon. Stephen Cocke, chancellor. David W. Connelly and Robert H. Buckner filed their bill to foreclose a mortgage on land in the county of Washington, described in the bill, as to five notes of three thousand and fifty-oae dollars each, all executed by William P. Stone; one due 1st January, 1838, belonging to Buckner; two due 1st January, 1840; and two due 1st January, 1841, belonging to Connelly. [The mortgage embraces other notes which have been paid off.] The bill is in the usual form, sets out the indebtedness, the forfeiture of the condition,…
1Opinion of the Court
Mr.'Chief Justice Shahicey
delivered the opinion of the court.
The appellees filed their bill in chancery to foreclose a mortgage on two sections of land on Deer Creek, which was executed to secure the purchase money. Thé right to foreclose as to one half of the land is not denie'd, but it is as to the other half, on the grounds set forth in the answers.
The land mortgaged was originally owned by Buckner and Connelly jointly. In the month of January, 1837, Stone met with Robards in Vicksburg, and contracted to sell him half of this land for $12,000, to be paid in negfoes. In order to consummate…
2Cited by1 opinion
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