Baldwin v. Jenkins
Mississippi Supreme Court
In error from the circuit court of Yazoo county; Hon. R. C. Perry, judge. The facts of the case are sufficiently stated in the opinion of the court. A memorandum or indorsement on a deed made at the time it is executed is part of the deed. 4 N. Hamp. Rep. 171; 5 Pick. 181; 3 Bibb’s R. 10; 12 Mass. 456; 6 Durn. & E. 737; 8 lb. 483; 14 East, 586; 4 Mass. 245; 14 John. 487. No particular form is necessary to constitute a mortgage. 2 Dessaus.
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In error from the circuit court of Yazoo county; Hon. R. C. Perry, judge. The facts of the case are sufficiently stated in the opinion of the court. A memorandum or indorsement on a deed made at the time it is executed is part of the deed. 4 N. Hamp. Rep. 171; 5 Pick. 181; 3 Bibb’s R. 10; 12 Mass. 456; 6 Durn. & E. 737; 8 lb. 483; 14 East, 586; 4 Mass. 245; 14 John. 487. No particular form is necessary to constitute a mortgage. 2 Dessaus. R. 571; 7 Cranch. 218; 2 Call’s R. 354. Every contract for the security of money by the conveyance of property, and real estate in particular, is a…
1Opinion of the CourtChief Justice Smith
This was a bill in the circuit court of Yazoo county, for a foreclosure and sale of land, alleged to have been mortgaged by the defendant, Jenkins.
The first question in the case is in regard to the character and effect of the valid agreement, indorsed upon the deed of conveyance from Duval to Jenkins. The facts of the transaction were as follows:
The land had been previously conveyed in trust, to said Duval, by Battaile & Brashear, to secure the payment of certain notes, made by the grantors. Duval, at the instance of W. S. Eskridge, an assignee of one of these notes, advertised and sold the…
2Cases cited1 opinion
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