Bush v. Cooper's Administrator
Supreme Court of the United States
This case was brought up fiom the high court of errors and appeals of the State of Mississippi, by a writ of error issued-under the 25th section of the judiciary act. 1 The case is stated in the opinion of the court. • Mr. Bayard explained the doctrine of estoppel at common law, arid referred to Williams v. Saunders, 80, note.
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This case was brought up fiom the high court of errors and appeals of the State of Mississippi, by a writ of error issued-under the 25th section of the judiciary act. 1 The case is stated in the opinion of the court. • Mr. Bayard explained the doctrine of estoppel at common law, arid referred to Williams v. Saunders, 80, note. But where there is no covenant of warranty there is-no estoppel, 11. How. 298; and in this case there was none. . The law of the ■ State implies such a covenant from a deed of bargain and sale, but not as between mortgagor and mortgagee, Mf. Crittenden contended that…
1Opinion of the CourtJustice Curtis
delivered-the opinion of the court.
A bill to foreclose a mortgage on a lot of land in Mississippi was filed by the administrator of the assignee of the. mortgage,' in the superior court of chancery in that State.,- The complain-. ant obtained a decree of foreclosure, and the respondent appealed' to the high court, of errors and appeals, where the decree of the superior court of’ chancery was affirmed. The appellant then prosecuted the writ of error, which brings the case before this court.
The case was, shortly, this': The appellant was one of two mortgagors. When the mortgage was executed,…
2Cases cited2 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
3Cited by24 opinions
- Ryan v. United StatesSupreme Court of the United States · 1890
- United States v. ClarkSupreme Court of the United States · 1906
- Reynolds v. CookSupreme Court of Virginia · 1887
- Russ v. AlpaughMassachusetts Supreme Judicial Court · 1875
- Gregory v. PeoplesSupreme Court of Virginia · 1885
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