Hebron v. Kelly
Mississippi Supreme Court
Feom the chancery court of Adams county. Hoist. Claude Pintard, Chancellor. The opinion states the case. It was fully shown that G. Malin Davis, deceased, the ancestor of the defendant, George D. Kelly, in foreclosing the mortgage on the Greenfield plantation and purchasing the same, did so under the express agreement that he would hold the title as security for the mortgage debt and his legacy, and he never intended to hold it otherwise.
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Feom the chancery court of Adams county. Hoist. Claude Pintard, Chancellor. The opinion states the case. It was fully shown that G. Malin Davis, deceased, the ancestor of the defendant, George D. Kelly, in foreclosing the mortgage on the Greenfield plantation and purchasing the same, did so under the express agreement that he would hold the title as security for the mortgage debt and his legacy, and he never intended to hold it otherwise. Anding v. Dams, 38 Miss., 574; Carter v. Burris, 10 Smed. & M., 527; Freeman v. Wilson, 51 Miss., 329; Kleins. McNamara, 54 lb., 99; Russell v. South-ard,…
1Opinion of the CourtWoods, C. J.
In the year 1879 Mrs. Mary Leggett died, leaving a will by which she devised to the appellants, her nieces, and then minors of tender years, a lai’ge part of Greenfield plantation. Greenfield was then incumbered by mortgage for about $1,400, to secure the note of the decedent given to Jefferson College. The will directed the property of the testatrix, real and personal, should be kept together, and that Greenfield be cultivated or leased until said mortgage debt and all other debts of the testatrix herself should be paid off. At the date of the execution of the will, and at the date of the…
2Cases cited2 opinions
- Robinson v. LefloreMississippi Supreme Court · 1881
- Barton v. MagruderMississippi Supreme Court · 1891
3Cited by2 opinions
- Harras v. HarrasWashington Supreme Court · 1910
- Hebron v. KellyMississippi Supreme Court · 1899