Nicholson v. Heiderhoff
Mississippi Supreme Court
Appeal from the Chancery Court of Hancock County. Hon. G-. S. McMillan, Chancellor. This is a bill to foreclose a mortgage. The bill alleges that John Nicholson, the husband of complainant, on the 27th of January, 1869, sold and conveyed to Sarah Heiderhoff, wife of F. Heiderhoff, a lot of land in the city of Shieldsborough, for the sum of $1,200, taking therefor their joint-four notes for $300 each, payable at 6, 12, 18 and 24 months from date of deed.
Read the full summary
Appeal from the Chancery Court of Hancock County. Hon. G-. S. McMillan, Chancellor. This is a bill to foreclose a mortgage. The bill alleges that John Nicholson, the husband of complainant, on the 27th of January, 1869, sold and conveyed to Sarah Heiderhoff, wife of F. Heiderhoff, a lot of land in the city of Shieldsborough, for the sum of $1,200, taking therefor their joint-four notes for $300 each, payable at 6, 12, 18 and 24 months from date of deed. That to secure the payment of the said notes, the said Heiderhoff and wife executed a deed of mortgage of the same property. The condition of…
1Opinion of the CourtSimeall, J.
In the deed conveying the house and lot to Mrs. Heiderhoof, there is reserved a lien to secure the purchase money. She, with her husband, contemporaneously with the date of the conveyance to her, also mortgaged the premises to Nicholson, the complainant’s intestate, to secure the debt represented by the promissory notes of her husband and herself.
The bill brought by the executrix of the vendor, sought a foreclosure of the equitable lien reserved in the grantee’s deed, and also the mortgage for the payment of the last three notes of $300 each, the first one having- been paid. In their answers,…
2Cases cited3 opinions
- Whitworth v. CarterMississippi Supreme Court · 1870
- Foxworth v. BullockMississippi Supreme Court · 1870
- Gordon v. ManningMississippi Supreme Court · 1870
3Cited by3 opinions
- Greening v. WallaceMichigan Supreme Court · 1932
- Johnson v. JonesMississippi Supreme Court · 1876
- Gilkey v. Pollock Co.Supreme Court of Alabama · 1886