Edgell v. Ham
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Western Division of the Northern District of Mississippi. This is an action of ejectment to recover 3,600 acres of land situated In Coahoma county, Miss. George S. Edgell brought the suit against ,T. Sam Ham, the tenant in possession.
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In Error to the Circuit Court of the United States for the Western Division of the Northern District of Mississippi. This is an action of ejectment to recover 3,600 acres of land situated In Coahoma county, Miss. George S. Edgell brought the suit against ,T. Sam Ham, the tenant in possession. His landlords, W. H. Carroll, trustee of the Union & Planters’ Bank, J. C. Neely, H. M. Neely, and S. H. Brooks, partners under the linn name of Brooks, Neely & Co., were made parties defendant on their motion. They pleaded not guilty. The plaintiff road in evidence a deed of trust executed by J. T.…
1Opinion of the Court
SHELBY, Circuit Judge,
after stating the facts, delivered’the opinion, of the court.
Both parties to the suit deraign title from J. T. Jefferson. The title of the plaintiff in error is deraigned from a deed of trust executed prior to the dates of the deeds of trust from which the defendants in error derive their title. The title of the former therefore must prevail, unless it is shown to be defective and inoperative. The argument of the case was devoted in part to the question as to what law, on the subject of usury, governed the contracts between Jefferson, the mortgagor and maker of the…
2Cases cited8 opinions
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Perkins v. ConantIllinois Supreme Court · 1862
- Elliott v. WoodNew York Supreme Court · 1869
- Tyler v. Massachusetts Mutual Life InsuranceIllinois Supreme Court · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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- Jones v. MeriwetherSupreme Court of Alabama · 1919