Thompson v. Houze
Mississippi Supreme Court
Error to the chancery court of Jackson county. Henderson, Chancellor. The opinion of the court states the facts. The appellee filed his bill in the court below to foreclose a mortgage given by appellant, with power of sale in the appellee. The mortgagor demurred to the bill, and assigned as cause, among other grounds, that the complainant’s remedy was complete at law, and that the mortgagee had power to sell. The demurrer was overruled, and the mortgagor appealed.
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Error to the chancery court of Jackson county. Henderson, Chancellor. The opinion of the court states the facts. The appellee filed his bill in the court below to foreclose a mortgage given by appellant, with power of sale in the appellee. The mortgagor demurred to the bill, and assigned as cause, among other grounds, that the complainant’s remedy was complete at law, and that the mortgagee had power to sell. The demurrer was overruled, and the mortgagor appealed. The bill, which is the same as the mortgage exhibited with it, shows that on default of payment of the two notes secured by it, “…
1Opinion of the Court
SlMRALL, J. :
The specific objection taken in the demurrer to the bill, and urged by counsel in this court is, that the remedy at law is adequate. The mortgage confers upon the mortgagee a power of sale, upon default made in the performance of the conditions; that is, nonpayment of the money; therefore there was no necessity, as urged by counsel for appellant, to bring this foreclosure suit. Such securities as this, upon their first introduction into use, encountered the serious opposition for a time of the equity courts. It was thought *449to be too peremptory and barsb upon the debtor. The…
2Cases cited3 opinions
- Marriott v. GivensSupreme Court of Alabama · 1845
- Chowning v. CoxSupreme Court of Virginia · 1823
- Hyde v. WarrenMississippi Supreme Court · 1871
3Cited by2 opinions
- Marx v. DavisMississippi Supreme Court · 1879
- McAllister v. PlantMississippi Supreme Court · 1876