Plant v. Shryock
Mississippi Supreme Court
Appeal from the Chancery Court of Lafayette County. Hon. B. T. Kimbrough, Chancellor. On the 9th of February, 1870, Susan L. Atkinson bought a tract of land and paid for it with money borrowed of Jacob Thompson. On the same day Susan L. Atkinson and her husband, R. E. Atkinson, executed a deed of trust on this land to secure their promissory note to Thompson for the money borrowed of him, the 9th of February, 1871, being the date fixed for the maturity of the note.
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Appeal from the Chancery Court of Lafayette County. Hon. B. T. Kimbrough, Chancellor. On the 9th of February, 1870, Susan L. Atkinson bought a tract of land and paid for it with money borrowed of Jacob Thompson. On the same day Susan L. Atkinson and her husband, R. E. Atkinson, executed a deed of trust on this land to secure their promissory note to Thompson for the money borrowed of him, the 9th of February, 1871, being the date fixed for the maturity of the note. The deed of trust was duly recorded on the 18th of February, 1870. Several payments were made by Mrs. Atkinson during the years…
1Opinion of the CourtCampbell, J.
The sale of the land was after the valid renewal and extension of the mortgage debt which bound it, aud the purchasers took it subject to the incumbrance, which, being enforceable against Mrs. Phipps and husband, may be enforced against their vendees. Benson v. Stewart, 30 Miss. 49; Green v. Supervisors, 58 Miss. 337.
The deed of trust was recorded and there was no entry of satisfaction on the record, and although at the date of the purchase of the land from Phipps the note appeared on its face to be barred by the statute of limitations, in fact it was not barred, having been kept alive by a…
2Cases cited2 opinions
- Benson v. StewartMississippi Supreme Court · 1855
- Green v. Board of SupervisorsMississippi Supreme Court · 1880
3Cited by1 opinion
- Bowmar v. PeineMississippi Supreme Court · 1886