Lear v. Friedlander
Mississippi Supreme Court
Appeal from chancery court of Yazoo county. Shackleeokd, J. The opinion of the court contains a sufficient statement of the facts of this case, with the single exception that it appears but inferentially from the opinion that the mortgage to complainants below was senior to that to appellant, while the record shows this fact distinctly.
Read the full summary
Appeal from chancery court of Yazoo county. Shackleeokd, J. The opinion of the court contains a sufficient statement of the facts of this case, with the single exception that it appears but inferentially from the opinion that the mortgage to complainants below was senior to that to appellant, while the record shows this fact distinctly. Tlie court below erred in sustaining complainant’s demurrer to Lear’s cross-bill, which shows that Lear’s debt was due from, and owing by, Thomas Jones in his life-time, from whom Mrs. Shaw acquired the lands in controversy by devise. It also shows that Mrs.…
1Opinion of the Court
Simkall, J. :
Friedlander & Gersen and T. H. & J. M. Allen & Co., exhibited their bill in chancery to foreclose a mortgage in fee executed to them by Elizabeth D. Shaw. By amended bill John Lear was made a party defendant, on a suggestion that he had some sort of claim, alien on the mortgaged premises.
Lear, by answer and cross-bill, sets up that Thomas Jones (from whom Elizabeth B>. Shaw derived the lands as devisee) was indebted to him in the sum of $1,331 by promissory note, dated 17th February, 1858, and due twelve months after date. That at his decease-Jones was possessed of a large…
2Cases cited3 opinions
- Arnold v. CampNew York Supreme Court · 1815
- Cheever v. SmithNew York Supreme Court · 1818
- James & Flack v. HackleyNew York Supreme Court · 1819
3Cited by4 opinions
- Hilliard v. CagleMississippi Supreme Court · 1872
- Merchants National Bank v. GoodWest Virginia Supreme Court · 1883
- In re HurstU.S. Circuit Court for the District of Eastern Michigan · 1876
- Bantz v. BasnettWest Virginia Supreme Court · 1877