Tubberville v. Simpson
Mississippi Supreme Court
From the circuit court of Marshall county. Hon. William A. Roane, Judge. Simpson, the appellee, was plaintiff in the court below; Tubberville, appellant, was defendant there. From a judgment in-plaintiff’s favor the defendant appealed to the supreme courts The opinion of the court states the facts.
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From the circuit court of Marshall county. Hon. William A. Roane, Judge. Simpson, the appellee, was plaintiff in the court below; Tubberville, appellant, was defendant there. From a judgment in-plaintiff’s favor the defendant appealed to the supreme courts The opinion of the court states the facts. One of the instructions, granted in behalf of the appellee, instructed the jury peremptorily to find for appellee as to the balance of principal due and as to interest and as to attorney’s fees called for in the notes in evidence. This instruction was-erroneous, because the provision in the notes…
1Opinion of the CourtFletcher, J.
On November 16, 1905, one J. F. Milam, being indebted to Shelley Guy in the sum of $1,675, executed three promissory notes, payable at intervals, aggregating the amount of the indebtedness, each of which notes provided that, “if this note is placed in the hands of an attorney for collection, the makers and indorsers hereof agree to pay the holder thereof an attorney’s fee of ten per cent upon the amount due.” To secure these notes Milam executed a deed of trust on ten mules, a log .wagon, and certain implements used in hauling logs. This trust deed does not recite in so many words that the…
2Cases cited2 opinions
- Witczinski v. EvermanMississippi Supreme Court · 1876
- Elkin v. RivesMississippi Supreme Court · 1903
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