McWilliams v. Phillips
Mississippi Supreme Court
Appeal from tbe Chancery Court of Itawamba County. Hon. O. H. Whitfield, Chancellor. Complainant filed his bill in the chancery court, March 26, 1874, against defendant, McWilliams, county treasurer, to enjoin the foreclosure of a mortgage executed by Phillips to secure the payment of a note. The note recites that it was given for money borrowed of the “ school fund.” The mortgage recites the same fact.
Read the full summary
Appeal from tbe Chancery Court of Itawamba County. Hon. O. H. Whitfield, Chancellor. Complainant filed his bill in the chancery court, March 26, 1874, against defendant, McWilliams, county treasurer, to enjoin the foreclosure of a mortgage executed by Phillips to secure the payment of a note. The note recites that it was given for money borrowed of the “ school fund.” The mortgage recites the same fact. The bill denies that it was given for money, and alleges that it was given in consideration of license to retail vinous and spirituous liquors. The answer is made a cross bill and insists that…
1Opinion of the Court
Simball. J.,
delivered the opinion of the court.
The agreed facts are, in substance, that in August, 1865, J. B. B. Flint applied to the board of police for a license to sell vinous and spirituous liquors, and in September, E. P. Adam made a similar application. The tax for the license was $200. Flint did not pay the money for his license ; but the complainant, Eli Phillips, being indebted to Flint two hundred dollars, agreed to pay him $200 for Flint; and being indebted to Adam $50, agreed to pay for him that sum. The note mentioned iñ the bill and deed of trust was executed by complainant to…
2Cited by15 opinions
- Penn v. BornmanIllinois Supreme Court · 1882
- Lemonius & Co. v. D. Mayer & SonMississippi Supreme Court · 1893
- Lowenburg v. KleinMississippi Supreme Court · 1921
- Keiser v. StateIndiana Supreme Court · 1881
- Woodson v. HopkinsMississippi Supreme Court · 1904
10 more not listed; retrieve them via the Exa API.