Hawkins v. Shields
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. .Hon. J. L. Buckley, Judge. ' Suit by E. B. Hawkins against J. T. Shields. From a judgment for defendant, plaintiff appeals. Tbe facts are fully stated in tbe opinion of tbe court.
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Appeal from the circuit court of Lauderdale county. .Hon. J. L. Buckley, Judge. ' Suit by E. B. Hawkins against J. T. Shields. From a judgment for defendant, plaintiff appeals. Tbe facts are fully stated in tbe opinion of tbe court. Under section 4001, Code of 1906 of Mississippi, the first defense — negligence or default of appellant, under proper conditions — would have been a good defense, but in case at bar, as appears from testimony of appellee himself, the notes which form the basis of this suit had been past due for more than two and one-half years before he endorsed or transferred…
1Opinion of the CourtMcLean, J.
W. B. Johnson and wife were indebted to one Bluett Lee, and in order to secure payment of this indebtedness, on December 24, 1904, executed a certain deed in trust upon certain real estate. Subsequently to this Johnson *745and wife become indebted to J. T. Shields, and in order to secure the payment of this indebtedness also executed a certain deed in trust upon the same property, and at a still later date, being indebted to E. B. Hawkins, executed a third deed in trust conveying the same property. The indebtedness to Shields was evidenced by eight promissory notes, all of which were dated…
2Cases cited8 opinions
- Brown v. SpoffordSupreme Court of the United States · 1877
- Martin v. ColeSupreme Court of the United States · 1881
- Polkinghorne v. HendricksMississippi Supreme Court · 1883
- Holmes v. PrestonMississippi Supreme Court · 1892
- Pearl v. CortrightMississippi Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cockrell v. MartinSupreme Court of Oklahoma · 1926
- Taylor v. C. I. T. Corp.Mississippi Supreme Court · 1939
- Divelbiss v. JonesMississippi Supreme Court · 1932
- Gresham v. State BankMississippi Supreme Court · 1922
- Polk County Nat. Bank of Bartow v. SheltonCourt of Appeals for the Fifth Circuit · 1934
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