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53 Miss. 339

Eggleston v. Watson

Mississippi Supreme Court

Decided October 15, 1876

Mississippi Supreme Court · decided 1876-10-15

Hon. Thomas Walton, Chancellor. This was a bill in chancery, filed on the 12th November, 1874, by Mary Watson against William Eggleston, to foreclose a mortgage on “ Wanalaw ” Plantation in Holmes County, Miss.

Relies on Bowers v. Andrews

Good law ✅— No negative treatment on recordhow we know

Decided 1876-10-15

How this case has been cited

Cited by 4 later decisions — most recently March 1964

4 state decisions

201876188018901900191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Campbell, J.,

¶1delivered the opinion of the court.

¶2The mortgage to foreclose which the bill was exhibited states that the land was described in the instrument as the mortgagor’s undivided third interest in a plantation situate in Holmes County, known as “ Wanalaw,” &c. The bill was demurred to, and one cause assigned is that the mortgage is void for uncertainty as to the thing conveyed. We do not think so. The description refers to extrinsic facts, and it may be shown what plantation in Holmes County is known as “ Wanalaw.” A perusal of the instrument at once points to a certain extrinsic fact as descriptive of the plantation embraced in its terms, and such description is sufficient. Bowers v. Andrews, *34152 Miss. 596. That there is no itemized account filed with the bill is not cause of demurrer. The Statute of Limitations was not a defence, because the bill avers that the claim was due 1st January, 1872, and the suit was brought within three years. Upon demurrer the court looks alone to the bill; but, if we could compare the exhibit with the bill, the result could not be different. It is manifest that the debtor contemplated indulgence and forbearance until 1st January, 1872, as to the account due 1st January, 1871. The condition of the deed of mortgage was not to be broken until that time. The mortgage acknowledged the account of 1871; and it was not barred in three years from 1st January, 1871. The demurrer was properly overruled, the decree is affirmed, and cause remanded with leave to answer the bill within forty days after the mandate herein shall be filed in the clerk’s office below.

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