Harding v. Cobb
Mississippi Supreme Court
Appeal from the chancery court of Hinds county, 1st district. Cabaniss, Chancellor. The opinion of the court contains a sufficient statement of the case. 1. The assignors of the special lien, Emma J. Cobb and Joseph T. Cobb, are improperly joined as complainants with W. H. Edrington, the assignee, in the bill. If the note has been properly transferred, and the lien passed to the assignee, then Cobb and wife have no interest.
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Appeal from the chancery court of Hinds county, 1st district. Cabaniss, Chancellor. The opinion of the court contains a sufficient statement of the case. 1. The assignors of the special lien, Emma J. Cobb and Joseph T. Cobb, are improperly joined as complainants with W. H. Edrington, the assignee, in the bill. If the note has been properly transferred, and the lien passed to the assignee, then Cobb and wife have no interest. If otherwise, the lien did not pass, and the assignee acquired no interest. 2. There is no privity between complainant, Edrington, and defendants, without which, unless…
1Opinion of the Court
Simba ll, J.:
W. H. Edrington, Joseph T. Cobb and Emma J., his wife, brought a bill in chancery against R. J. Harding and Agnes E., his wife, to foreclose an equitable mortgage.
In January, 1870, Cobb and wife sold and conveyed to Agnes E. Harding certain lands, reserving in the deed a lien to secure the deferred payments of $1,000 each, evidenced by the promissory notes of Harding and wife, one due • 1st of January, 1871, the other the 1st day of January, A. D. 1872. These notes were payable to Mrs. Emma J. Cobb. The last one was transferred to Edrington for value, by indorsement, Mrs. Cobb…
2Cases cited5 opinions
- Garrett v. DabneyMississippi Supreme Court · 1854
- Clarkson v. De PeysterNew York Court of Chancery · 1831
- Billingslea v. YoungMississippi Supreme Court · 1857
- Bodgett v. EbbingCourt of Appeals of Mississippi · 1852
- Morris v. McMorrisMississippi Supreme Court · 1870
3Cited by2 opinions
- Upshaw v. GibsonMississippi Supreme Court · 1876
- Jenkins v. ShermanMississippi Supreme Court · 1900