Gray v. Helm
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. S. S. Cali-ioon, Judge. The main question in controversy in this action depends upon the construction of a deed of trust, the premises and granting part of which are as follows: “This deed of trust, made this third day of May, a. d. 1880, witnesseth: That whereas Henry C. McPike, party of the first part, is indebted to Harrison & Lewis in the sum of sixty-eight hundred, nineteen and dollars, on his promissory note of even…
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Appeal from the Circuit Court of Hinds County. Hon. S. S. Cali-ioon, Judge. The main question in controversy in this action depends upon the construction of a deed of trust, the premises and granting part of which are as follows: “This deed of trust, made this third day of May, a. d. 1880, witnesseth: That whereas Henry C. McPike, party of the first part, is indebted to Harrison & Lewis in the sum of sixty-eight hundred, nineteen and dollars, on his promissory note of even date herewith ; and whereas, said party of the first part expects said Harrison & Lewis to advance him money, supplies,…
1Opinion of the CourtChalmers, J.
' The first clause of the trust-deed clearly secured all future advances of whatever description, without regard to their date, and brought the case fairly within the principle announced in Witzinski v. Everman, 51 Miss. 841, to-wit: That such a mortgage, when recorded, operates to secure the mortgagee against the claims of third persons in whatever advances are made under it, whether before or after the maturity of the principal debt secured. But for the last clause of the instrument it is clear that the attaching creditor must be postponed until every valid debt due the mortgagee has been…
2Cases cited1 opinion
- Witczinski v. EvermanMississippi Supreme Court · 1876
3Cited by8 opinions
- Shutze v. Credithrift of America, Inc.Mississippi Supreme Court · 1992
- Farmers' Union Warehouse Co. v. Barnett Bros.Supreme Court of Alabama · 1931
- Liberty Mercantile Co. v. AllenMississippi Supreme Court · 1924
- North v. J. W. McClintock, Inc.Mississippi Supreme Court · 1950
- Wright v. VoorheesSupreme Court of Iowa · 1906
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