Mason v. Moody
Mississippi Supreme Court
In error from the northern district chancery court at Columbus ; Hon. Henry Dickinson, vice-chancellor. John R. Mason, as surety for Wilkins, executed jointly with him, his bond to Moody for $3,650; and on the day of 184 , he (Moody) executed his promissory note to Wilkins for $2,750. In December, 1847, an attachment was sued out on said $2,750 note, for the benefit of Wilkins’s wife, and was levied on Mason’s negroes, in the State of Alabama.
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In error from the northern district chancery court at Columbus ; Hon. Henry Dickinson, vice-chancellor. John R. Mason, as surety for Wilkins, executed jointly with him, his bond to Moody for $3,650; and on the day of 184 , he (Moody) executed his promissory note to Wilkins for $2,750. In December, 1847, an attachment was sued out on said $2,750 note, for the benefit of Wilkins’s wife, and was levied on Mason’s negroes, in the State of Alabama. In January thereafter, Mason went to Alabama for the purpose of making some arrangement to have his negroes released from said attachment. Moody…
1Opinion of the Court
Mr. Chief-Justice Smith
delivered the opinion of the court.
The material question in this case is whether a bill of sale, absolute upon its face, by which the appellant conveyed to the defendant Moody certain slaves, is to be treated as a mortgage, or held to be an absolute sale.
It appears from the proofs in the cause, that Moody held the joint bond of the appellant, and the defendant, Lavender Wilkins, for $3,650. At the same time, Wilkins, who was the principal in the bond, held the note of Moody for $2,750, upon which several payments had been made, reducing the amount due upon it to…
2Cited by4 opinions
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- Blacketor v. CarteeMississippi Supreme Court · 1935
- Walker v. McDonaldTexas Supreme Court · 1878
- Dixon v. WrightMississippi Supreme Court · 1936