Legal Opinion

Bush v. Cooper

Mississippi Supreme Court

Decided December 15, 1853PublishedCited by 16 opinions

On appeal from the superior court of chancery; Hon. Stephen Cocke, chancellor. The bill was filed by the appellee, as administrator of Maborn Cooper, deceased, for the purpose of subjecting lot No. 1 in square No. 9, in the suburb St. Mary, of the town of Port Gibson, to the payment of two judgments held by the intestate of appellee Bush.

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On appeal from the superior court of chancery; Hon. Stephen Cocke, chancellor. The bill was filed by the appellee, as administrator of Maborn Cooper, deceased, for the purpose of subjecting lot No. 1 in square No. 9, in the suburb St. Mary, of the town of Port Gibson, to the payment of two judgments held by the intestate of appellee Bush. The bill alleges that the firm of J. O. Pierson & Co., consisting of J. O. Pierson and the appellant, with Eli C. Briscoe as their surety, on the 16th April, 1839, executed two promissory notes to W. T. and T. B. Dyer, one due in November, and the other in…

1Opinion of the CourtJustice Handy

This bill was filed by the appellee in the superior court of chancery, to foreclose a deed in trust executed by the appellant on the 17th March, 1840, conveying certain real estate in the town of Port Gibson to trustees, to secure the payment of two promissory notes made by the appellant, and afterwards transferred to. the appellee. The facts necessary to be taken into view, in considering the questions presented for determination, are as follows: —

The notes secured by the trust deed were due in January and February, 1841; and in November, 1842, a judgment at law was rendered upon them…

2Cases cited1 opinion

  1. President of Bank of the Metropolis v. GuttschlickSupreme Court of the United States · 1840

3Cited by16 opinions

  1. Hayes v. FreyWisconsin Supreme Court · 1882
  2. Nevitt v. BaconMississippi Supreme Court · 1856
  3. Menzel v. Hinton.Supreme Court of North Carolina · 1903
  4. Magwire v. RigginSupreme Court of Missouri · 1869
  5. Cummins v. DumasMississippi Supreme Court · 1927

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