Gilpin v. Smith
Mississippi Supreme Court
On appeal from the superior court of chancery; Hon. Stephen Cocke, chancellor. Henry D. Gilpin alleges, that on the 29th day of April, 1836, William Smith executed a mortgage to Thomas B. J. Hadley of the property therein mentioned, which was duly recorded, for the'purpose of securing the payment, among other debts, of a bond to Hadley for ten thousand dollars, payable on the 1st day of March, 1841, and four promissory notes, of five hundred dollars each, payable on the 1st…
Read the full summary
On appeal from the superior court of chancery; Hon. Stephen Cocke, chancellor. Henry D. Gilpin alleges, that on the 29th day of April, 1836, William Smith executed a mortgage to Thomas B. J. Hadley of the property therein mentioned, which was duly recorded, for the'purpose of securing the payment, among other debts, of a bond to Hadley for ten thousand dollars, payable on the 1st day of March, 1841, and four promissory notes, of five hundred dollars each, payable on the 1st day of September, 1839, 1st day of March, 1840, and the 1st day of March, 1841. That afterwards, Hadley, for a valuable…
1Opinion of the CourtChief Justice Sharkey
The appellant filed his bill to foreclose a mortgage, held by him as assignee. The appellee had purchased a tract of land' from T. B. J. Hadley, and gave his bond for $10,000, together with certain promissory notes. To secure the payment, the appellee gave this mortgage on the land purchased by him. Hadley transferred the bond and four of the notes, with the mortgage, to John Ingersoll, in payment of a debt. Ingersoll transferred them to complainant, also in payment of a debt.
Smith, with his answer, filed a cross-bill, making Hadley a party, in which he charges fraud in the sale by Hadley, in…
2Cases cited1 opinion
- Ludwick v. CrollSupreme Court of Pennsylvania · 1799