Bank of Lauderdale v. Cole
Mississippi Supreme Court
Appeal from the chancery court of "Wayne county. Hon. T. A. Wood, Chancellor. Suit by the Bank of Lauderdale and others against •Mrs. Ruby E. Cole and others; judgment dismissing generally as to plaintiff E. F. Ballard and without prejudice as to plaintiff, R. W. Fagan, and plaintiff’s Bank of Lauderdale and E. F. Ballard appeal.
Read the full summary
Appeal from the chancery court of "Wayne county. Hon. T. A. Wood, Chancellor. Suit by the Bank of Lauderdale and others against •Mrs. Ruby E. Cole and others; judgment dismissing generally as to plaintiff E. F. Ballard and without prejudice as to plaintiff, R. W. Fagan, and plaintiff’s Bank of Lauderdale and E. F. Ballard appeal. On the 25th day of January, 1908, E. F. Ballard and R. W. Fagan sold to appellee W. J. Cole certain real property, executing a deed thereto at Cole’s request to his wife, Mrs. Ruby E. Cole, one of the appellees herein. The consideration expressed in the agreement was…
1Opinion of the CourtSmith, C. J.
(After stating the facts as above). The chancellor’s finding that these notes .had been altered was made on conflicting evidence, and therefore is not open for review here.
The notes as originally executed appeared simply to have been given for value received; as altered, the consideration therefor appears to have been the conveyance of certain land therein described, thereby becoming evidence of appellants’ claim that they were secured by a vendor’s lien on the land, and the rule is that an alteration which enlarges the scope of an instrument as a means of evidence is material. Schmidt v.…
2Cases cited5 opinions
- Richardson v. FellnerSupreme Court of Oklahoma · 1900
- Craighead v. McLoneySupreme Court of Pennsylvania · 1882
- Warder, Bushnell & Glessner Co. v. WillyardSupreme Court of Minnesota · 1891
- Low v. ArgroveSupreme Court of Georgia · 1860
- Merchants & Farmers Bank v. DentMississippi Supreme Court · 1912
3Cited by7 opinions
- Aetna Ins. v. RobertsonMississippi Supreme Court · 1922
- Martin v. HartleyMississippi Supreme Court · 1950
- Gray v. WilliamsSupreme Court of Vermont · 1917
- J. R. Watkins Co. v. ForneaMississippi Supreme Court · 1924
- Bank of Cedar Bluffs v. BeckNebraska Supreme Court · 1935
2 more not listed; retrieve them via the Exa API.