Cooper v. Frierson
Mississippi Supreme Court
Appeal from the chancery court of Tallahatchie county. Simmons, Chancellor. 1. The court below must have proceeded on the idea that the agreement between Cooper on the one hand, and Page & Hubbard on the other, was a mortgage, in which the former was the mortgagee and the latter the mortgagors. This is a mistake. A mortgage is a conveyance by the mortgagor of his property to the mortgagee, to be void on condition of payment of the debt. But here there is no conveyance.
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Appeal from the chancery court of Tallahatchie county. Simmons, Chancellor. 1. The court below must have proceeded on the idea that the agreement between Cooper on the one hand, and Page & Hubbard on the other, was a mortgage, in which the former was the mortgagee and the latter the mortgagors. This is a mistake. A mortgage is a conveyance by the mortgagor of his property to the mortgagee, to be void on condition of payment of the debt. But here there is no conveyance. In fact, Page & Hubbard had nothing to convey. The agreement is entirely a different thing. It is but a contract to create…
1Opinion of the Court
SlMRALL, J. :
The appellant and appellee are contestants for a prior satisfaction of their respective debts against Page & Hubbard, out of cotton, the product of a crop produced in 1870.
*308The controversy arises upon this state of facts: Cooper, the appellant, having the control of a plantation known as the “Winston place,” entered into a contract with Page & Hubbard, to raise a crop thereon, on these terms: Cooper “ to furnish the supplies, and afford necessary assistance to Page & Hub-hard to make the crops; they to find and pay the labor. The crops when gathered were to be equally divided.…
2Cases cited1 opinion
- Davis v. Richardson & MayMississippi Supreme Court · 1871
3Cited by8 opinions
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- First National Bank v. HooverSupreme Court of Kansas · 1923
- Prince v. Crawford & GaitherMississippi Supreme Court · 1874
- Oil Well Supply Co. v. WickwireDistrict Court, E.D. Illinois · 1943
- Pfeifer v. ChamberlainMississippi Supreme Court · 1876
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