Mezeix v. McGraw
Mississippi Supreme Court
Appeal from the chancery court of Adams county. Smiley, J. McGrraw filed his hill against Mrs. Mezeix, executrix of her husband, to foreclose a mortgage on lands given to secure a note made by the husband in September, 1862. The bill avers that Mezeix gave, by will, all his estate to defendant.
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Appeal from the chancery court of Adams county. Smiley, J. McGrraw filed his hill against Mrs. Mezeix, executrix of her husband, to foreclose a mortgage on lands given to secure a note made by the husband in September, 1862. The bill avers that Mezeix gave, by will, all his estate to defendant. It charges that the debt is unpaid, and that defendant, during the war, by false pretense of a payment or tender of the money, obtained assistance of Federal soldiers, and thus forcibly took and captured from complain- ' ant the note and mortgage and still holds them. It avers that the note was for…
1Opinion of the Court
PeytoN, O. J.:
Claudius Mezeix on the 10th clay of September, 1862, at the city of Natchez, in the county of Adams, in this State, made his promissory note for $2,400 payable to Patrick H. Mc-Graw one year from date ; and on the 10th clay of Septern-*110ber, 1862, the said Claudius Mezeix and. Justine his wife, executed a deed of mortgage to said Patrick H. McGraw on certain land situated in said county of Adams, to secure the payment of said note.
In the year 1865, the said Claudius Mezeix departed this life, leaving a will by which he gave to his said wife; Justine Mezeix, all his property, real…
2Cases cited2 opinions
- Trust & Fire Insurance v. JenkinsNew York Court of Chancery · 1841
- Beville v. McIntoshMississippi Supreme Court · 1867
3Cited by1 opinion
- Burford v. KerseyMississippi Supreme Court · 1873