Buck v. Payne
Mississippi Supreme Court
ERROR to the Circuit Court of DeSoto County. Hon. E. S. Fisher, Judge. This case was before this coxirt at a former term, and is. reported in 50 Mss., 648. It was then reversed because the record did not show that the mortgage executed by Allow Minice to Payne & Baines, by virtue of which they claim the cotton, had been recorded.
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ERROR to the Circuit Court of DeSoto County. Hon. E. S. Fisher, Judge. This case was before this coxirt at a former term, and is. reported in 50 Mss., 648. It was then reversed because the record did not show that the mortgage executed by Allow Minice to Payne & Baines, by virtue of which they claim the cotton, had been recorded. On the second trial it was submitted, on the record of the former trial and the testimony as. embodied in the bill of exceptions, coupled with the agreement, that in fact the said mortgage had been recorded immediately after its execution. Upon this agreement it was…
1Opinion of the CourtSimrall, C. J.
This case was once before in this court, and turned upon the question whether the mortgage executed by Arlow Minice to Payne & Raines was superior to the laborer’s lien of Thomas Minice. The circuit court had instructed the jury that the mortgage, having been executed 14th February, 1873, was superior to the lien of the laborer, which resulted from the contract of employment entered into by the mortgagor with Thomas Minice the 6th April, 1873. It was held by this court that a mortgage on the crop, executed after the passage of the act of the 5th of April, 1872, was subordinate to the right of…
2Cited by28 opinions
- Malone v. United StatesDistrict Court, N.D. Mississippi · 1971
- Kitchen v. SchusterNew Mexico Supreme Court · 1907
- Anderson v. KimbroughCourt of Appeals of Mississippi · 1999
- Bell v. HinerIndiana Court of Appeals · 1896
- Johnson v. Pacific Land Co.Oregon Supreme Court · 1917
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