McGrath v. Sinclair
Mississippi Supreme Court
Appeal from the Chancery Court of Washington County. Hon. Charles Clark, Chancellor. On September 4, 1873, A. G. Sinclair and A. M. Sinclair, •composing the firm of A. G. Sinclair & Co., executed a deed in trust upon a house and lot tó Caldwell McGrath, as trustee for Pristiclge, Graham & Co., to secure advances in money to be made by the latter to A. G. Sinclair & Co. Sinclair & Co. having made default in the payment of the debt secured by the deed in trust, the trustee…
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Appeal from the Chancery Court of Washington County. Hon. Charles Clark, Chancellor. On September 4, 1873, A. G. Sinclair and A. M. Sinclair, •composing the firm of A. G. Sinclair & Co., executed a deed in trust upon a house and lot tó Caldwell McGrath, as trustee for Pristiclge, Graham & Co., to secure advances in money to be made by the latter to A. G. Sinclair & Co. Sinclair & Co. having made default in the payment of the debt secured by the deed in trust, the trustee advertised the house and lot for sale, to satisfy the debt. But before the day of sale arrived, A. G. Sinclair, Carrie I.…
1Opinion of the CourtSimrall, C. J.
Both parties to the appeal seem to concur that .the only question involved is whether the house and lot, the subject im litigation, was partnership property in such sense as to defeat the homestead claim of A. G. Sinclair.
The history of the property is about this : In 1870, or 1871,, the house and lot was purchased by Ferguson, Sinclair & Co.,, a commercial firm composed of E. Y. Ferguson and A. M. and *92A. G. Sinclair. .This copartnership was dissolved sometime in ■1873.
On January 6th of that year, E. Y. Ferguson conveyed his interest in the property to A. G. Sinclair and A. M. Sinclair. The…
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