Osborn v. Noble
Mississippi Supreme Court
Appeal from chancery court, of Hinds county,, second district. Tabbell, J. On 12th. March, 1869, appellee filed his bill of complaint against appellant, Robert Strong, Mrs. Sarah Castings and Samuel Castings, her husband, as administratrix and administrator, of S. 0. Capers, deceased, Mrs. Philip .Myers, executrix of Philip Myers, deceased, the personal representatives of James Winters, when known, and John Shelton and Gerard B. Downing, as defendants.
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Appeal from chancery court, of Hinds county,, second district. Tabbell, J. On 12th. March, 1869, appellee filed his bill of complaint against appellant, Robert Strong, Mrs. Sarah Castings and Samuel Castings, her husband, as administratrix and administrator, of S. 0. Capers, deceased, Mrs. Philip .Myers, executrix of Philip Myers, deceased, the personal representatives of James Winters, when known, and John Shelton and Gerard B. Downing, as defendants. The allegations of the bill of complaint are, that on the 27th of February, 1858, appellee “sold and conveyed, by deed duly executed and…
1Opinion of the Court
SlMKALL, J. :
The complainant filed his bill in chancery, to be substituted to the benefits of a deed in trust, executed by S. O. Capers, to protect and indemnify Winters, Myers and *453Strong, who were his sureties on several promissory notes, amounting in the aggregate to $29,620, given to the complainant, Noble, for a plantation and slaves, sold and conveyed by Noble to Capers in 1858.
The complainant grounds his right upon doctrines well established in the courts of equity: “That, if a creditor obtains a mortgage or other security from the principal debtor, the surety is entitled to its…
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