Schumpert v. Dillard, Pinson & Co.
Mississippi Supreme Court
Appeal from the Chancery Court of Clay County. Hon. L. Brame, Chancellor. The case is stated in the opinion of the court. 1. A fatal defect in the mortgage is that it is made to the “ firm of Pinson, Dillard & Co.” “A grant to L. B. & Co. vests the title in L. B. alone. Winter v. Stock, 29 Cal. 411; Gossett v. Kent, 19 Ark. 607 ; Arthur v. Weston, 22 Mo. 370 ; Jackson v. Sisson, 2 Johns.
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Appeal from the Chancery Court of Clay County. Hon. L. Brame, Chancellor. The case is stated in the opinion of the court. 1. A fatal defect in the mortgage is that it is made to the “ firm of Pinson, Dillard & Co.” “A grant to L. B. & Co. vests the title in L. B. alone. Winter v. Stock, 29 Cal. 411; Gossett v. Kent, 19 Ark. 607 ; Arthur v. Weston, 22 Mo. 370 ; Jackson v. Sisson, 2 Johns. Ch. 321; Beaman v. Whitney, 20 Me.; Fanshaw ’s Oase, F. Moore, 229 ; 1 Wood, on Conv. 162 ; Jackson v. Corey, 8 Johns. 388 ; Hornbeck v. Westbrook, 9 Johns. 74; Moreau v. Sufferans, 3 Sneed, 595 ; Jarvis v.…
1Opinion of the CourtSimrall, C. J.
The complainants, appellants in this- court, sought the fore■closure of a mortgage executed by Schumpert, January, .20, 1868, to Pinson, Dillard'& Co., a commercial-firm at Mobile, Alabama. In' August, 1869, this firm ceased•• to do business at Mobile, and transferred its assets for liquidation to the house of Dillard, Pinson & Co., doing business at Memphis, Tennessee, and composed of the same partners as the Mobile firm, with an additional member, Coffin, who had no interest in the Mobile firm. December 1, 1869, Schumpert made a .deed in trust on the same property, to secure a debt of…
2Cases cited4 opinions
- Perkins v. SwankMississippi Supreme Court · 1871
- Fletcher v. MansurIndiana Supreme Court · 1854
- Depeau v. WaddingtonSupreme Court of Pennsylvania · 1841
- Burdett v. ClayCourt of Appeals of Kentucky · 1847
3Cited by20 opinions
- Steffian v. Milmo National BankTexas Supreme Court · 1888
- Commercial Nat. Bank v. PirieCourt of Appeals for the Eighth Circuit · 1897
- Cook v. Parham & BluntSupreme Court of Alabama · 1879
- Fargason v. EdringtonSupreme Court of Arkansas · 1887
- Tobin v. BensonCourt of Appeals of Texas · 1912
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