McDuff v. Beauchamp
Mississippi Supreme Court
Appeal from the Chancery Court of Leake County. Hon. Samuel Young, Chancellor. R J. Edmonds, being indebted to the township school fund, in 1859, and having mortgaged his land to secure the debt, and desiring to free his land from this mortgage, induced his sister, E. N. MeDuff, and her husband, R. F. MeDuff, to assume his debt and mortgage the lands in controversy to secure it. This bill was filed to foreclose this mortgage.
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Appeal from the Chancery Court of Leake County. Hon. Samuel Young, Chancellor. R J. Edmonds, being indebted to the township school fund, in 1859, and having mortgaged his land to secure the debt, and desiring to free his land from this mortgage, induced his sister, E. N. MeDuff, and her husband, R. F. MeDuff, to assume his debt and mortgage the lands in controversy to secure it. This bill was filed to foreclose this mortgage. The decree was for the sale of the land embraced in the mortgage by a commissioner. The deed to the land mortgaged was made to MeDuff and wife jointly by Leflere. The…
1Opinion of the CourtSimrall, J.
The foreclosure of the mortgage is resisted upon several grounds. It is averred in the answer that Mrs. McDuff did not make the acknowledgment within the terms of the statute. The certificate of the probate clerk, before whom it was made, recites an almost literal compliance with the law.
It is also set up that the bill single, the evidence of the debt, is not obligatory upon Mrs. McDuff because of her coverture; that the mortgage is invalid as a security ; or if available at all, only to the extent of the income of the mortgaged premises.
The brother of Mrs. McDuff was indebted to the trustees…
2Cases cited9 opinions
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