British & American Mortgage Co. v. Burke
Mississippi Supreme Court
From the circuit court of Lowndes county. . Iiow. Eugene 0. Sykes, Judge. Mrs. Burke, and another, appellees, were plaintiffs in the court below; the British and American Mortgage Company, appellant, was defendant there. The court below gave judgment for plaintiffs and defendant appealed to the supreme court. The facts are stated in the opinion of the court.
Read the full summary
From the circuit court of Lowndes county. . Iiow. Eugene 0. Sykes, Judge. Mrs. Burke, and another, appellees, were plaintiffs in the court below; the British and American Mortgage Company, appellant, was defendant there. The court below gave judgment for plaintiffs and defendant appealed to the supreme court. The facts are stated in the opinion of the court. The appellees’ right of recovery is based upon three alleged requests, to wit: O’Neill’s letter, Judge Oayce’s letter, and M. M. Burke’s letter. None of them are sufficient. ■ We are dealing with a statute which is highly penal, its…
1Opinion of the CourtTerral, J.
Appellant, in February, 1892, loaned to appellees $600, and to secure its payment appellees executed a mortgage on 160 acres of land in Lowndes county, which was placed of record in Book 71, p. 6, et seq. In 1896 the mortgage debt was paid by the attorney of appellees to the attorney of appellant, when the former wrote the latter directing him to “have the trust deed paid by this draft canceled at once.” On January 28, 1899, N. Oayce, as attorney for the Burkes, wrote A. L. Richardson, New York, as follows: “In July, 1896, M. M. Burke and I. S. Burke paid to the British and American Mortgage…
2Cited by2 opinions
- Brown v. YarbroughMississippi Supreme Court · 1922
- Freeman v. McCormick Motor Car Co.Mississippi Supreme Court · 1929