Simmons v. Hutchinson
Mississippi Supreme Court
From the chancery court of Attala county. Hon. Stone Deavours, Chancellor. Simmons, appellant, was complainant in the court below; Hutchinson and others, appellees, were defendants there. From a decree dismissing the suit the complainant appealed to the supreme court. The facts are fully stated in the opinion of the court. The case turned on the question of notice to Fisher of Simmons’ mortgage and on what estate passed by the mortgage.
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From the chancery court of Attala county. Hon. Stone Deavours, Chancellor. Simmons, appellant, was complainant in the court below; Hutchinson and others, appellees, were defendants there. From a decree dismissing the suit the complainant appealed to the supreme court. The facts are fully stated in the opinion of the court. The case turned on the question of notice to Fisher of Simmons’ mortgage and on what estate passed by the mortgage. The evidence on this point of notice is that the mortgage was duly recorded and indexed, and besides the preponderance of the evidence showed that Fisher had…
1Opinion of the CourtTerral, J.
John T. Hutchinson being indebted to J. A. Simmons in the sum of $251.87, and owning the east of the northeast J of section 3, township. 12, range 5, in Attala county, and being-desirous of securing the payment of said sum of money, on the 16th day of January, 1891, executed to a trustee therein named a deed of trust, intended to be a conveyance of the east of said northeast J of said section- 3, but by accident or mistake the deed of trust contained a parcel of land described as “the of the N E. J of sec. 3,” etc. On the 17th day of August, 1899, a substituted trustee, duly appointed, but…
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