Sledge, McKay & Co. v. Obenchain
Mississippi Supreme Court
Appeal from the Chancery Court of Grenada County. Hon. J. B. Morgan, Chancellor. The case is sufficiently stated in the opinion of the court. The complainants in their bill allege that they were wholly ignorant of the existence of any deed from A. S. Brown to-his wife, conveying the lands mortgaged to them ; otherwise, they would not have cancelled the first trust-deed, nor would they have surrendered “the said note and account which it secured.”
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Appeal from the Chancery Court of Grenada County. Hon. J. B. Morgan, Chancellor. The case is sufficiently stated in the opinion of the court. The complainants in their bill allege that they were wholly ignorant of the existence of any deed from A. S. Brown to-his wife, conveying the lands mortgaged to them ; otherwise, they would not have cancelled the first trust-deed, nor would they have surrendered “the said note and account which it secured.” This allegation is not denied in the answer, except arguendo. And we submit that, in effect, the allegation of the bill in reference to notice of…
1Opinion of the CourtCooper, J.
On the twenty-fifth day of Juue, 1877, A. S. Brown was the owner of certain lands in Grenada County, and on that day executed a mortgage thereon to Sledge, McKay & Co., to secure a debt of $4,500 due to them.
On the sixth day of November, 1877, Brown conveyed these, with other lands, and eight mules, to his wife, Jeannette Brown, and the conveyance was duly recorded, the consideration being a credit of $5,000 given by her on a note for $11,000 executed by her husband on the preceding day to-her, which note was executed in consideration of certain property of his wife’s received by him many…
2Cases cited8 opinions
- Cansler v. SallisMississippi Supreme Court · 1877
- Tice v. AnninNew York Court of Chancery · 1816
- Cox v. WheelerNew York Court of Chancery · 1838
- Cleveland v. SouthardWisconsin Supreme Court · 1870
- Thomson v. HesterMississippi Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Institute Building & Loan Ass'n v. EdwardsNew Jersey Court of Chancery · 1913
- Camden Co. Welfare Bd. v. Federal Dep. Ins. Co.New Jersey Superior Court Appellate Division · 1948
- American Savings Bank & Trust Co. v. HelgesenWashington Supreme Court · 1912
- Hart v. GardnerMississippi Supreme Court · 1902
- Conservative Life Insurance v. National Exchange Bank of WheelingWest Virginia Supreme Court · 1933
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