Bowmar v. Peine
Mississippi Supreme Court
Appeal from the Chancery Court of Warren County. Hon. Warren Cowan, Chancellor. On Angust 19,1876, Charles Peine gave his promissory note to George M. Klein, cashier of the “Mississippi Yalley Bank/’ for four thousand four hundred and thirty-one dollars, payable August 19, 1877, and thereupon executed a deed of trust on certain real property in Warren County to secure this note, which deed was duly recorded.
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Appeal from the Chancery Court of Warren County. Hon. Warren Cowan, Chancellor. On Angust 19,1876, Charles Peine gave his promissory note to George M. Klein, cashier of the “Mississippi Yalley Bank/’ for four thousand four hundred and thirty-one dollars, payable August 19, 1877, and thereupon executed a deed of trust on certain real property in Warren County to secure this note, which deed was duly recorded. On August 20, 1883, Peine signed an indorsement on this note as follows: “I hereby waive the statute of limitations as to the within note, and the deed of trust to secure the same. C.…
1Opinion of the CourtCooper, C. J.
The waiver indorsed upon the note was sufficient to prevent the bar of the statute of limitations. Hart v. Boyt, 54 Miss. 547.
Plant v. Shryock, 62 Miss. 821, is conclusive that the lien of the mortgage must prevail both as against the mortgagor and all parties claiming his. title. But the decision in that case, it is said, overruled former decisions of this court, and established a new rule in this State, and the appellee, Swords, insists that since his title was acquired before that decision was made he is entitled to the protection afforded by the rule which prevailed at the time of his…
2Cases cited4 opinions
- Deason v. TaylorMississippi Supreme Court · 1876
- Hart v. BoytMississippi Supreme Court · 1877
- Avent v. McCorkleMississippi Supreme Court · 1871
- Plant v. ShryockMississippi Supreme Court · 1885
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