Merchants & Farmers Bank v. Dent
Mississippi Supreme Court
Appeal from the chancery court of Newton county. . Hon. Sam Whitman, Chancellor. Suit by B. K. Dent and wife against the Merchants and Farmers Bank and others. From a judgment overruling a demurrer to the bill, defendant appeals. The facts are fully stated in the opinion of the court. At the outset let it be understood that the appellants do not contend that the alteration charged in the bill does not avoid the deed of trust. This is elementary.
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Appeal from the chancery court of Newton county. . Hon. Sam Whitman, Chancellor. Suit by B. K. Dent and wife against the Merchants and Farmers Bank and others. From a judgment overruling a demurrer to the bill, defendant appeals. The facts are fully stated in the opinion of the court. At the outset let it be understood that the appellants do not contend that the alteration charged in the bill does not avoid the deed of trust. This is elementary. Appellants contend most earnestly that under the case made by this bill, notwithstanding its allegations of fraud, that they have certain equitable…
1Opinion of the CourtReed, J.
The appellees, R. K. Dent and wife, Emma Dent, executed and delivered to E. B. Cooper, trustee, a, deed in trust on several lots of land in the town of Newton, Miss., to secure certain indebtedness owing to the Merchants’ & Farmers’ Bank. A portion of appellees’ homestead was included in the land, and therefore the deed in trust was executed by Mrs. Dent. After the execution and delivery of the instrument, II. F. Sivley, the cashier and *463duly authorized agent of appellant Merchants’ & Farmers’ Bank, it is alleged in the bill of complaint, materially altered the deed in trust by inserting…
2Cases cited1 opinion
- Hentz v. Delta BankMississippi Supreme Court · 1898
3Cited by3 opinions
- Martin v. HartleyMississippi Supreme Court · 1950
- Mullins v. Merchandise Sales CompanyMississippi Supreme Court · 1966
- Bank of Lauderdale v. ColeMississippi Supreme Court · 1916