Gabbert v. Wallace
Mississippi Supreme Court
From the chancery court of Tate county. Hon. J. G. Hall, Chancellor. The facts are sufficiently stated in the opinion of the court. Cooper, J., delivered the opinion of the court.
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From the chancery court of Tate county. Hon. J. G. Hall, Chancellor. The facts are sufficiently stated in the opinion of the court. Cooper, J., delivered the opinion of the court. The decree of the chancellor involves the finding by him of these facts: That, in 1884 W. D. Ruffin was largely indebted to J. M. Wallace, and on the 16th day of February of that year, executed a deed of trust upon his plantation, the personal property thereon and the crops to be grown by him that year on said place or on any other lands he should cultivate. This deed was executed to secure the existing debt, for…
1Opinion of the CourtCooper, J.
In considering this case originally, we did not overlook the fact,, to which our attention is now called, that the instrument executed by Buffin to secure his debts to Wallace, were deeds in trust, and not mortgages. But since the principles governing our decision were-alike applicable to either instrument, and since the complainant had treated the instruments as mortgages (the trustees not having been made parties to her bill), we dealt with them as such. ,
The question involved is, whether the right which Wallace, the beneficiary in the deeds of trust, had to recover against those who had…
2Cases cited1 opinion
- Bates v. SniderMississippi Supreme Court · 1882
3Cited by11 opinions
- Carter v. StateMississippi Supreme Court · 1945
- State v. WoodruffMississippi Supreme Court · 1933
- United States v. FlemingDistrict Court, N.D. Iowa · 1946
- Yazoo & Mississippi Valley Railroad v. SchraagMississippi Supreme Court · 1904
- Johnson v. Gulf & Chicago RailroadMississippi Supreme Court · 1903
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