Littlewort v. Davis
Mississippi Supreme Court
Appeal from the Chancery Court of Tallahatchie County. Hon. B. F. Simmons, Chancellor. The predecessor of appellant filed bis bill alleging that on the 1st of February, 1867, Jane F. Davis borrowed from the board of trustees of the 16th section, etc., $667.64, money belonging to said section.
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Appeal from the Chancery Court of Tallahatchie County. Hon. B. F. Simmons, Chancellor. The predecessor of appellant filed bis bill alleging that on the 1st of February, 1867, Jane F. Davis borrowed from the board of trustees of the 16th section, etc., $667.64, money belonging to said section. That at the same time she executed to the president of the board and his successors in office, her note under seal for said sum, payable on the 1st of January, 1868, with interest at 10 per cent, per annum; that the note expressed upon its face that it was given for the purchase money of certain land;…
1Opinion of the CourtSimrall, J.
This is a suit in equity to enforce an absolute deed conveying land, as a mortgage to secure a debt for money borrowed by Jane F. Davis from the trustees of the schools for the township.
The bill, with distinctness, avers the loan of the money, the execution of the bond for its repayment, and the execution of the deed purporting to convey the quarter section of the land therein described to the president of the trustees, absolutely. But the intention was that the conveyance should operate as a mortgage security for the debt.
It is well settled, that an absolute deed will be held to be valid and…
2Cases cited5 opinions
- Anding v. DavisMississippi Supreme Court · 1860
- Vasser v. VasserMississippi Supreme Court · 1852
- Mott v. United States Trust Co.New York Supreme Court · 1855
- Vernon v. Board of PoliceMississippi Supreme Court · 1872
- United States Trust Co. v. BradyNew York Supreme Court · 1855
3Cited by9 opinions
- Klein v. McNamaraMississippi Supreme Court · 1876
- Home Owners' Loan Corp. v. MooreMississippi Supreme Court · 1939
- Bridgeman v. BridgemanMississippi Supreme Court · 1942
- Burnett's Lumber & Supply Co. v. Commercial Credit Corp.Mississippi Supreme Court · 1951
- Tanous v. WhiteMississippi Supreme Court · 1939
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