Simmons v. North
Mississippi Supreme Court
Error from the District Chancery Court. B. G. Simmons & Co., and William W. Curtis, filed a bill of complaint in the Vice Chancery Court, at Carrolton, to the June term, 1842, against Elisha North, James A. Kennedy, T. F. Lindsey, and Y. M. Lindsey ; alleging, that on the 16th October, 1839, North purchased of B. G. Simmons & Co. a negro woman and child, for whom he executed his promissory note for the sum of $1200, payable on the 1st of March, 1840, to secure the payment of…
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Error from the District Chancery Court. B. G. Simmons & Co., and William W. Curtis, filed a bill of complaint in the Vice Chancery Court, at Carrolton, to the June term, 1842, against Elisha North, James A. Kennedy, T. F. Lindsey, and Y. M. Lindsey ; alleging, that on the 16th October, 1839, North purchased of B. G. Simmons & Co. a negro woman and child, for whom he executed his promissory note for the sum of $1200, payable on the 1st of March, 1840, to secure the payment of which, North executed a deed of trust to one Charles Calhoun, as trustee, conveying said negro woman and child, and…
1Opinion of the Court
,Mr. Chief Justice Sharkey
delivered the opinion of the Court.
The bill alleges that North, being indebted to B. G. Simmons & Co., executed a deed of trust on a negro-woman and her child, and the north-east quarter of section thirty-three, in township nineteen of range seven, east, to secure the payment; which deed bore date on the 16th of October, 1839, and was recorded on the 12th of December following. That North failed to pay, and the trustee proceeded to sell; but prior to the sale, it was discovered that there was a mistake in the description of the land intended to be conveyed ; *71that…
2Cited by1 opinion
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