Legal Opinion

Bingaman v. Hyatt

Mississippi Chancery Courts

Decided December 15, 1843PublishedCited by 1 opinion

The bill in this case, was filed to foreclose a mortgage executed by one Jacob B. Warmack in.his lifetime, on the 5th day of April, 1836, to the complainant, Adam L. Bingaman, but not recorded until the 26th of September, 1836, conveying to said complainant “ certain land lying and being in the county of Yazoo and State of Mississippi, situate on Short Creek, about three miles from Manchester, in township eleven, range two, west, and in sections eight, nine, ten, fourteen,…

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The bill in this case, was filed to foreclose a mortgage executed by one Jacob B. Warmack in.his lifetime, on the 5th day of April, 1836, to the complainant, Adam L. Bingaman, but not recorded until the 26th of September, 1836, conveying to said complainant “ certain land lying and being in the county of Yazoo and State of Mississippi, situate on Short Creek, about three miles from Manchester, in township eleven, range two, west, and in sections eight, nine, ten, fourteen, and fifteen, containing about two thousand acres,” and appurtenances, &c., and some sixteen slaves, to secure complainant…

1Opinion of the Court

Chancellor.

This is a bill to foreclose a mortgage, given by one Jacob B. Wannack, now deceased, to the complainant, dated the 8th of April, 1836, conveying certain lands in the county of Yazoo, by way of indemnity, against the liability which the complainant had incurred, as the accommodation indorser of War-mack, on a certain bill of exchange. The bill alleges, and the agreement of counsel admits, that the bill of exchange was taken up and paid by the complainant; and thus his right to a foreclosure, as against the mortgagor, became complete and perfect. The defendants, however, set up claim…

2Cited by1 opinion

  1. Scruggs v. BlairMississippi Supreme Court · 1870

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