Board of Levee Commissioners v. Wiborn
Mississippi Supreme Court
From the chancery court of Washington county. In 1892, Gr. W. Smith owned lands near the Mississippi river, in Washington county, upon which appellant held a mortgage to secure a large sum of money. On the ninth day of April, of said year, the board of Mississippi levee commissioners instituted proceedings to condemn a part of said lands, under the act of 1884 (Laws 1884, p. 166), for levee purposes, but appellant was not made a party to the proceeding.
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From the chancery court of Washington county. In 1892, Gr. W. Smith owned lands near the Mississippi river, in Washington county, upon which appellant held a mortgage to secure a large sum of money. On the ninth day of April, of said year, the board of Mississippi levee commissioners instituted proceedings to condemn a part of said lands, under the act of 1884 (Laws 1884, p. 166), for levee purposes, but appellant was not made a party to the proceeding. There was awarded 11,301.60 as damages. The award recited: “To the mortgagee, Gr. Wiborn, we award nothing, as his security for his debt is…
1Opinion of the CourtCooper, C. J.
There is great conflict of decision upon the question whether a mortgagee out of possession, but whose mortgage is duly recorded, is an “owner” of the land, within the meaning of that word, when used in statutes authorizing the exercise of the power of eminent domain on notice to, and proceedings against, the “owner” of lands. In some states it is held that, while the mortgagee has only an incumbrance on the land as security for his debt, that security is valuable as property, often far exceeding the real interest of the mortgagor, and, therefore, such mortgagee should be regarded in law, as…
2Cited by4 opinions
- Palo v. RogersSupreme Court of Connecticut · 1933
- Morgan v. WillmanSupreme Court of Missouri · 1927
- City of Toledo v. BrownOhio Supreme Court · 1936
- Miller v. Board of Mississippi Levee CommissionersMississippi Supreme Court · 1900