Hodges v. Hickey
Mississippi Supreme Court
Feom the chancery court of Noxubee county. Hon. Sylvanus Evans, Chancellor. The facts as found by the court from the record are stated in the opinion.
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Feom the chancery court of Noxubee county. Hon. Sylvanus Evans, Chancellor. The facts as found by the court from the record are stated in the opinion. It is only deemed necessary to add that Mrs. Hodges testified that she would not have given up the house and lot in Macon, in satisfaction of the decree thereon against her, but for the understanding that she was to obtain title to the land in controversy ; and that John D. Hodges joined with his wife in the mortgage to J. W. Patty. There are three questions in this case, either of which, if decided in favor of appellant, Mrs. Hodges, will…
1Opinion of the CourtCooper, J.
The facts of this case, about which there is practically no controversy, are that in the year 1872, John D. Hodges was the owner of the lands in controversy. Suit was instituted against him by a creditor, and, fearing the result of the judgment in the cause, he executed a mortgage to his brother-in-law, one Bandolph, to secure a large sum of money ($4000), which he falsely recited to be due him. There was some small amount due Kandolph, but he never demanded the execution of the mortgage, and it seems he accepted *721$125 in full payment of the debt against Hodges. In 1875 a decree had been…
2Cases cited5 opinions
- Dorr v. ShawNew York Court of Chancery · 1819
- Dickson v. ChornSupreme Court of Iowa · 1858
- Leach v. ShelbyMississippi Supreme Court · 1881
- Cock v. OakleyMississippi Supreme Court · 1874
- Hester v. ThomsonMississippi Supreme Court · 1880
3Cited by5 opinions
- Dogan, Sheriff v. CooleyMississippi Supreme Court · 1939
- Hays v. BarlowMississippi Supreme Court · 1910
- Koen v. BrillMississippi Supreme Court · 1898
- Rogers v. TrumbleNebraska Supreme Court · 1910
- Fidelity & Deposit Co. of Maryland v. LovellDistrict Court, S.D. Mississippi · 1952