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62 Miss. 536

Boyd v. Warmack

Mississippi Supreme Court

Decided April 15, 1885

Mississippi Supreme Court · decided 1885-04-15

Hon. E. G. Peyton, Chancellor. On the 22d of February, 1878, J. R. Tucker executed a deed of trust upon certain lands to W. S. Epperson, as trustee, to secure the payment of a promissory note of that date, given by Tucker to Richard Boyd, for the sum of eight thousand eight hundred and thirty-eight dollars, and to become due on the 22d of February, 1879.

Cited by 3 later decisions — most recently November 1931

3 state decisions

Relies on Chaffe v. Wilson

Good law ✅— No negative treatment on recordhow we know

Decided 1885-04-15

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Campbell, C. J.,

¶1delivered the opinion of the court.

¶2We regard the question presented by this case as settled adversely to the appellant by former adjudications of this court. McAlister v. Jerman, 32 Miss. 142; Chaffe v. Wilson, 59 Miss. 42.

¶3’There is no just distinction between a purchaser of the equity of redemption by an absolute conveyance and one who has a mortgage or deed of trust on it.

¶4Decree affirmed.

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