Fleming v. Grafton
Mississippi Supreme Court
Appeal from the Chancery Court of Adams County. Hon. E. H. Osgood, Chancellor. George Grafton filed this bill on July 16,1874, against John Grafton, William Sojourner, John Fleming, surviving partner of Fleming & Baldwin, and Sarah Richards, to subject certain land therein described to the payment of a judgment rendered on Oct. 13, 1866, against John Grafton.
Read the full summary
Appeal from the Chancery Court of Adams County. Hon. E. H. Osgood, Chancellor. George Grafton filed this bill on July 16,1874, against John Grafton, William Sojourner, John Fleming, surviving partner of Fleming & Baldwin, and Sarah Richards, to subject certain land therein described to the payment of a judgment rendered on Oct. 13, 1866, against John Grafton. John Fleming and Mrs. Richards pleaded the Statute of Limitations of seven years, and claimed to be innocent purchasers for valuable consideration without notice. In order to avoid the bar of the statute, the complainant charged…
1Opinion of the CourtSimrall, C. J.
The facts on which the questions that we are to consider arise are these : On Oct. 13, 1866, George Grafton recovered judgment for a large debt against John Grafton, which was duly enrolled. On the 2d of April preceding, John and wife *84conveyed the lands in controversy to Sojourner. On Jan. 1, 1867, Sojourner mortgaged the property to Fleming & Baldwin, to secure a debt due to them from his grantor, and also for plantation supplies. In January, 1868, Fleming & Baldwin assigned the debt and mortgage to Sarah Richards, as collateral security. In January, 1873, this mortgage was foreclosed, and…
2Cases cited9 opinions
- Jones v. GreenSupreme Court of the United States · 1864
- Cornell v. RadwayWisconsin Supreme Court · 1867
- Cuyler v. MorelandNew York Court of Chancery · 1837
- Snodgrass v. AndrewsMississippi Supreme Court · 1855
- Brown, Bros. v. Bank of MississippiMississippi Supreme Court · 1856
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- McMahon v. McMahonMississippi Supreme Court · 1963
- Zell Guano Co. v. HeatherlyWest Virginia Supreme Court · 1893
- Aultman v. KellyMississippi Supreme Court · 1959
- Coleman v. HageySupreme Court of Missouri · 1913
- Jones v. RogersMississippi Supreme Court · 1904
8 more not listed; retrieve them via the Exa API.