Vasser v. Vasser
Mississippi Supreme Court
ON appeal from the northern district chancery court at Fulton ; Hon. Henry Dickinson, vice-chancellor. The facts of the case are sufficiently stated in the opinion of the court.
Read the full summary
ON appeal from the northern district chancery court at Fulton ; Hon. Henry Dickinson, vice-chancellor. The facts of the case are sufficiently stated in the opinion of the court. The particular words used in an instrument are unimportant, for where a conveyance, assignment, or other instrument transferring an estate, is intended as a security for a debt or for any other incumbrance, whether the intention appear from the same instrument or from any other, it is always considered in equity a mortgage. 2 Story’s Eq. § 111-118; 4 Kent, Com. 142; 2 Fonbl. Eq. B. ch. 1; Ala. Lett. 204 ; Cartelyou v.…
1Opinion of the CourtChief Justice Smith
This bill was filed in the vice-chancery court for the northern district, to compel Elijah H; Yasser to deliver to complainant certain slaves, which were alleged to have been conditionally sold by him to defendant.
*380The slaves in controversy were conveyed to defendant by a bill of sale, which purported to be an absolute transfer of the property. It is, however, alleged, that the sale was not absolute, but that it was intended by the parties as a mortgage to secure the re-payment of money, advanced by defendant for the benefit of complainant, to Giles McCraw & Co.
' Whether the conveyance is to…
2Cited by8 opinions
- Wallace v. RappleyeIllinois Supreme Court · 1882
- Anding v. DavisMississippi Supreme Court · 1860
- Clark v. HindmanOregon Supreme Court · 1905
- Klein v. McNamaraMississippi Supreme Court · 1876
- Littlewort v. DavisMississippi Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.