Meaders v. Gray
Mississippi Supreme Court
Appeal from the Chancery Court of Lafayette County. Hon. A. B. Ely, Chancellor. On the 11th of April, 18713, N. D. Gray gave to E. A. Meaders, for borrowed money, his promissory note, due eight months after the date thereof, for $907.50, “ with twenty per cent interest from date per annum.” To secure the payment of the note Gray executed to W. P. Meaders, as trustee, a deed of trust on certain lands.
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Appeal from the Chancery Court of Lafayette County. Hon. A. B. Ely, Chancellor. On the 11th of April, 18713, N. D. Gray gave to E. A. Meaders, for borrowed money, his promissory note, due eight months after the date thereof, for $907.50, “ with twenty per cent interest from date per annum.” To secure the payment of the note Gray executed to W. P. Meaders, as trustee, a deed of trust on certain lands. Several payments were made on the note, but on the 11th of March, 1879, a considerable balance still being unpaid, the trustee advertised the land for sale, under the deed of trust, to satisfy…
1Opinion of the CourtCampbell, C. J.
The appellant was not barred from his appeal by his acceptance of the sum decreed to be paid him. The suit was by the appellee to compel the appellant to accept in satisfaction of his demand a less sum than he claimed to be due, and after ob taining the decree, the appellee paid the sum decreed, which was received and receipted for by the appellant, whose acceptance of it is now pleaded as a bar to his appeal. In this case we adopt the view of the Supreme Court of the United States in a similar case. Erwin v. Lowry, 7 How. 172.
We decline to lay down a rule for any other state of case than…
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