Atkinson v. Felder
Mississippi Supreme Court
From the chancery court of Amite county.' Hon. Claude Pintarl, Chancellor. Atkinson and another, appellants, were the complainants, and Felder and wife, appellees, defendants in the court below. The object of the suit was to foreclose a mortgage on the land of Mrs. Felder, given to secure the joint, note of the appellees. It was shown by way of defense that at the time of the execution of the note and mortgage Mrs. Felder was insane.
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From the chancery court of Amite county.' Hon. Claude Pintarl, Chancellor. Atkinson and another, appellants, were the complainants, and Felder and wife, appellees, defendants in the court below. The object of the suit was to foreclose a mortgage on the land of Mrs. Felder, given to secure the joint, note of the appellees. It was shown by way of defense that at the time of the execution of the note and mortgage Mrs. Felder was insane. This defense prevailed in the court below and the bill was dismissed. The complainants appealed, contending in the supreme court, first, that Mrs. Felder’s…
1Opinion of the CourtTerral, J.
This case was submitted to the decision of the chancery court *85at the December term, 1897, and it was taken under advisement by the chancellor. At the May term, 1898, of said court the chancellor rendered his decision, but at that term the appellants asked that the case be remanded to the docket for the taking of other evidence. The court overruled the motion to remand, and we think properly so ruled. Wood v. Mann, 2 Sum., 316. We are, however, of the opinion that the complainant should have had a decree for the recovery of his debt against DeWitt C. Felder. ' It is a principle relating to the…
2Cases cited1 opinion
- Wood v. MannU.S. Circuit Court for the District of Massachusetts · 1836
3Cited by10 opinions
- Tillotson v. AndersMississippi Supreme Court · 1989
- Shaw v. OWEN GIN COMPANYMississippi Supreme Court · 1956
- McClendon v. Mississippi State Highway CommissionMississippi Supreme Court · 1949
- Burnett v. BassMississippi Supreme Court · 1929
- State v. Sunapee Dam Co.Supreme Court of New Hampshire · 1903
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