Wilczinski v. Smith
Mississippi Supreme Court
Appeal from the chancery court of Bolivar county. Hon. M. E. Denton, Chancellor. Suit by Joel Wilczinski against C. B. Smith and others. From a decree in favor of defendants, complainant appeals.
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Appeal from the chancery court of Bolivar county. Hon. M. E. Denton, Chancellor. Suit by Joel Wilczinski against C. B. Smith and others. From a decree in favor of defendants, complainant appeals. This case was begun by the appellant, as complainant below, who filed a bill in the chancery court-for an accounting and for a degree against the appellee for a certain indebtedness alleged to be due by J. E. King, and predicates his recovery on the fact that certain property of King, upon which appellant held a first mortgage, had been delivered to appellee, who held a second mortgage -on the same…
1Opinion of the CourtCook, J.
Appellee, as a junior mortgagee, was entitled to have the payments made by J. E. King applied to the principal of the indebtedness. McAlister v. Jerman, 32 Miss. 142; Chaffe v. Wilson, 59 Miss. 42; Boyd v. Warmack, 62 Miss. 536.
By eliminating the usurious interest and by crediting J. E. King with the market value of the property delivered to appellant, we are unable to say that the chancery court erred in entering a decree in favor of C. R. Smith. There was a conflict of evidence as to the amount of credit King was entitled to, but this conflict was solved against appellant. •
Affirmed.
2Cases cited3 opinions
- M'Alister v. JermanMississippi Supreme Court · 1856
- Chaffe v. WilsonMississippi Supreme Court · 1881
- Boyd v. WarmackMississippi Supreme Court · 1885