Witczinski v. Everman
Mississippi Supreme Court
Appeal from tbe Chancery Court of Washington County. Hon. E. Stafford, Chancellor. The facts of the case sufficiently appear in the opinion of the court. 1. The appellants are bona fide purchasers without notice and for a valuable consideration, and there was no lien existing on. the cotton in favor of the appellees ; that the mortgage stipulated for supplies to be furnished during the year, and for a payment by the first day of October.
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Appeal from tbe Chancery Court of Washington County. Hon. E. Stafford, Chancellor. The facts of the case sufficiently appear in the opinion of the court. 1. The appellants are bona fide purchasers without notice and for a valuable consideration, and there was no lien existing on. the cotton in favor of the appellees ; that the mortgage stipulated for supplies to be furnished during the year, and for a payment by the first day of October. So that any indebtedness incurred after that date could, in no sense of the term, be covered by the security provided. Miller v. Whittier, 36 Me., 577; St.…
1Opinion of the CourtCampbell, J.
On the 4th of March, 1872, Storms & Bass executed a mortgage to secure Ever man & Go., the promissory note of Storms & Bass for $350, payable 1st of October, 1872, with ten per cent, interest from date, and two and a half per cent, for advancing, and as a security for “ the prompt payment of all other indebtedness which may be incurred by said parties of the first part (Storms & Bass), or either of them.” The condition of the mortgage is, that it shall be void, “ if said promissory note ($350) and all other indebtedness of said parties of the first part, or either of them, shall be promptly…
2Cases cited2 opinions
- Robinson v. . WilliamsNew York Court of Appeals · 1860
- Stoughton v. PascoSupreme Court of Connecticut · 1825
3Cited by34 opinions
- Tapia v. DemartiniCalifornia Supreme Court · 1888
- Lovelace v. WebbSupreme Court of Alabama · 1878
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Willis v. Sanger Bros.Court of Appeals of Texas · 1897
- Collier v. FaulkSupreme Court of Alabama · 1881
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