Warren v. Brown
Mississippi Supreme Court
On appeal from the northern district chancery court at Columbus ; Hon. Henry Dickinson, vice-chancellor. This was a suit instituted in the vice-chancery court at Columbus.
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On appeal from the northern district chancery court at Columbus ; Hon. Henry Dickinson, vice-chancellor. This was a suit instituted in the vice-chancery court at Columbus. The bill charges, that complainant was the lessee of a certain town lot in Columbus ; that her deceased husband, in his lifetime, executed to defendant, Brown, two promissory notes, dated 15th December, 1848, and due 1st March, 1849, one for $800, and the other for $60, and “at large usurious interest, as complainant was informed; ” that her husband, to secure the payment of said notes, executed a trust deed to defendant,…
1Opinion of the CourtJustice Yerger
The complainant filed a bill to enjoin the sale of some town lots in the town of Columbus, to which she had a lease for ninety-nine years, renewable for ever; and wFich by deed, jointly with her deceased husband, she conveyed to the defendant, Eggleston, in trust to secure a debt due by her husband to the defendant, Brown. The ground of relief chiefly relied upon is, that the deed was executed under threats and duress and without her voluntary consent. The proof of the threats and duress seems ample, but it is not shown that either Brown or Eggleston was aware that they had been used. It is…
2Cited by6 opinions
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- Wilson v. BeauchampMississippi Supreme Court · 1870
- Fatheree v. FletcherMississippi Supreme Court · 1856
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