Britton & Mayson v. Criswell
Mississippi Supreme Court
Appeal from the Chancery Court of Lincoln County. Hon. Lauch MoLaurin, Chancellor. In May, 1885, Mrs. J. H. Criswell exhibited her bill against M. Nalty and wife, Britton & Mayson, W. B. Spencer, county superintendent of education, and one J. C. Hardy.
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Appeal from the Chancery Court of Lincoln County. Hon. Lauch MoLaurin, Chancellor. In May, 1885, Mrs. J. H. Criswell exhibited her bill against M. Nalty and wife, Britton & Mayson, W. B. Spencer, county superintendent of education, and one J. C. Hardy. The bill sets out that complainant in 1877 or 1878 loaned M. Nalty fifteen hundred dollars, and that she took his note for the same secured by a mortgage on certain property; that at the end of each year the note and mortgage were renewed until 1884, when the note and mortgage exhibited with the bill were given; that in their several renewals…
1Opinion of the CourtCooper, C. J.
The mortgage executed by Nalty to secure the debt due to Brit-ton & Mayson was not fraudulent on its face, for though it is strongly suggested that it was contemplated by all parties to it that Nalty should continue to dispose of the goods mortgaged in the usual course of trade, there is no express reservation of that right. Cargill v. Ewing, 13 S. & M. 79. We cannot say that the power is so clearly reserved to sell the goods that no evidence negativing that right could be introduced. It is only where the conveyance so unmistakably reserves the right to the mortgagor to deal with the property…
2Cases cited1 opinion
- Jones v. MoodyMississippi Supreme Court · 1881
3Cited by8 opinions
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- Ellis Jones Drug Co. v. CokerMississippi Supreme Court · 1928
- In re Wright & WeissingerDistrict Court, N.D. Mississippi · 1921
- Newton Oil & Manufacturing Co. v. CarrMississippi Supreme Court · 1910
- Simmons v. StateMississippi Supreme Court · 1931
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