Drane v. Winter
Mississippi Supreme Court
Appeal from the Chancery Court of Madison county. ' lion. J. A. P. Campbell, chancellor. Drane filed bis bill of complaint for tbe purposes of enjoining tbe sale of certain lands under a trust deed executed by Drane to Winter, to secure tbe payment of a loan of money from Mary R. Fort.
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Appeal from the Chancery Court of Madison county. ' lion. J. A. P. Campbell, chancellor. Drane filed bis bill of complaint for tbe purposes of enjoining tbe sale of certain lands under a trust deed executed by Drane to Winter, to secure tbe payment of a loan of money from Mary R. Fort. Tbe bill states tbe loan of tbe money .by tbe agent of Mary R. Fort, tbe execution of tbe trust deed to secure its payment, and charges that in 1866 it was agreed that, if be would pay tbe interest on tbe loan, tbe land, wbicb embraced his homestead, should not be sold, but that be might cultivate the same.…
1Opinion of the Court
Ellbtt, J.,
delivered tbe opinion of the court.
Tbe answer of Winter, one of tbe defendants, was filed September 26, 1866, and a motion entered on tbe same day to dissolve tbe injunction on bill, answer, and exhibits filed. Tbe answer purports to be tbe joint answer of Winter, and of Ricbs, administrator of Mary R. Fort, but is not sworn to by *519Richs, who was the representative of the’ only party having any interest in the cause ; Winter being only a trustee in a deed of trust. On the 20th of October, 1866, the motion was heard, and after ordering the injunction to be dissolved, the court…
2Cited by2 opinions
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