Howell v. Bush
Mississippi Supreme Court
Appeal from the Chancery Court of Noxubee County. Hon. L. Bkame, Chancellor. Mrs. Bevill owned four-fifths, and Eiland one-fifth, of an urban hotel, which B. P. Howell desired to purchase; but they declining to sell to him, he induced one Franks to buy for him. Franks obtained the hotel for $11,000, of which he paid $5,000 cash, and for the remainder gave his two notes, due Jan. 1, 1874, one to Mrs. Bevill, for $4,800, and the other for $1,200, to Eiland.
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Appeal from the Chancery Court of Noxubee County. Hon. L. Bkame, Chancellor. Mrs. Bevill owned four-fifths, and Eiland one-fifth, of an urban hotel, which B. P. Howell desired to purchase; but they declining to sell to him, he induced one Franks to buy for him. Franks obtained the hotel for $11,000, of which he paid $5,000 cash, and for the remainder gave his two notes, due Jan. 1, 1874, one to Mrs. Bevill, for $4,800, and the other for $1,200, to Eiland. On Jan. 3, 1873, they conveyed the property to Franks, who, on the same day, conveyed to a trustee, to secure the two notes. Six days…
1Opinion of the CourtCampbell, J.
The Chancellor, having determined that Mr. Howell is entitled to homestead exemption, erred in subordinating his claim in this respect to the deed of trust executed by Howell in February, 1874, without the joinder of his wife. There can be no question of the right of the holders of the deed of trust to subject the property as to its value in excess of $2,000, the maximum of a homestead exemption. That was settled in Bank of Louisiana v. Lyons, 52 Miss. 181. But upon the facts of this case as disclosed hy the record, the appellees did not acquire the rights of the holder of the deed of trust…
2Cases cited51 opinions
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
- Franklin v. CoffeeTexas Supreme Court · 1857
- Stow v. TifftNew York Supreme Court · 1818
- White v. ShepperdTexas Supreme Court · 1856
- Burnhisel v. FirmanSupreme Court of the United States · 1875
46 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Union Mortgage, Banking & Trust Co. v. Peters & TrezevantMississippi Supreme Court · 1895
- Good v. GoldenMississippi Supreme Court · 1895
- Marks v. Baum Bldg. Co.Supreme Court of Oklahoma · 1918
- Berry v. BullockMississippi Supreme Court · 1902
- Nelson v. McKeeIndiana Court of Appeals · 1912
9 more not listed; retrieve them via the Exa API.