Marlow v. Johnson
Mississippi Supreme Court
Appeal from the District Chancery Court of Yazoo city. Hon. Selden S. Wright, vice-chancellor.- A full statement of the case is contained in the opinion of the court. Cited Hutch.
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Appeal from the District Chancery Court of Yazoo city. Hon. Selden S. Wright, vice-chancellor.- A full statement of the case is contained in the opinion of the court. Cited Hutch. Code, 606, § 5. We insist for appellees :— 1. That the judgments of complainants are to be postponed in favor of the second deed of trust, because if they constituted a lien on the equity of redemption in the slave, it would only be an equitable lien, and being junior in point of time to the second deed, and the first deed having divested the legal title out of Johnson, and vested it in the trustee, the second deed…
1Opinion of the CourtHandy, J.
The facts of this case appear to be, that on the 3d January, 1852, Johnson conveyed by deed of trust, to Botturs, trustee, a slave, to secure a debt due to Samuel Hoskins. On the 5th December, 1853, by another deed of trust, he conveyed the same slave to Botturs, as trustee, to secure another debt due to Hos-kins, which deed was not filed for record until the 24th December, *1301853. In the mean time, and on the 15th December, 1853, Mar-low obtained a judgment against Johnson, which was regularly enrolled and execution issued thereon, which was returned “ nulla bona.” And on the 20th…
2Cases cited1 opinion
- Cantzon's Lessee v. DorrMississippi Supreme Court · 1854
3Cited by1 opinion
- Root v. McFerrinMississippi Supreme Court · 1859