Fullerton v. McBride
Mississippi Supreme Court
From the chancery court of Landerdale county. From the chancery court of Lauderdale county. IIon. James L. McOasicill, Chancellor. Fullerton and others, appellants, were complainants in the court below; McBride and others, appellees, were defendants there. From a decree favorable to defendants the complainants appealed to the supreme court.
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From the chancery court of Landerdale county. From the chancery court of Lauderdale county. IIon. James L. McOasicill, Chancellor. Fullerton and others, appellants, were complainants in the court below; McBride and others, appellees, were defendants there. From a decree favorable to defendants the complainants appealed to the supreme court. Appellees McBride executed a deed of trust on sawmill machinery and livestock, and the timber on described land in Lauderdale county, to secure an indebtedness due the Chicago Lumber & Coal Company, of which Fullerton was president. They afterwards…
1Opinion of the Court
Mates, J.,
delivered th.e opinion of the court.
The deed of trust in question, executed to secure the $3,000 borrowed from the Chicago Coal & Lumber Company, is void for insufficiency in description in so far as the personalty is concerned, but good as to the timber on the land described in the deed. Therefore the court erred in not making the Southern Bank account for the value of this timber, and rendering a decree in favor of complainant for the value of same when as*422certained, as against the bank. It also follows that the judgment against appellees McBrides, should be for only such sum as…
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