Berry v. Bullock
Mississippi Supreme Court
From the chancery court of Lawrence county. Hon. Henry C. Conn, Chancellor. Berry and others, appellants, were complainants, and Bullock and others, appellees, defendants in the court below. From a decree in favor of defendants, the complainants appealed to the supreme court. The facts are sufficiently stated in the opinion of the court.
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From the chancery court of Lawrence county. Hon. Henry C. Conn, Chancellor. Berry and others, appellants, were complainants, and Bullock and others, appellees, defendants in the court below. From a decree in favor of defendants, the complainants appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. Complainants, at the instance and request of Bullock and his wife, paid off and satisfied a debt secured by mortgage on their homestead — at least, loaned them the money with which to satisfy such mortgage, and' this, too, upon an express promise that they…
1Opinion of the CourtWhitfield, C. J.
- .The facts do not' show abandonment of the homestead. There is no case made for legal or conventional subrogation. The bill is framed expressly on the theory, sustained by the proof, that appellants made a mere loan to Bullock on the contract and with the declared intent that Bullock should give appellants, as security, a new trust deed. There was no assignment of Rutledge’s trust deed. On the contrary, it was satisfied and discharged. There was no agreement, express or implied, that Rutledge’s trust deed was to be kept alive for the benefit of appellants. The proof clearly shows that…
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