Wetlin v. Mount

Decided October 15, 1895

Mississippi Supreme Court · decided 1895-10-15

From the chancery court of Wilkinson county. Hon. Claude Pintard, Chancellor. This was a proceeding by bill in equity, on the part of appellant, for the foreclosure of a deed of trust given by one Maxwell, to secure a promissory note in favor of J. H. Jones, of which appellant was assignee, and to compel the appellee, Mount, to surrender for sale by a commissioner, certain cotton that he had purchased from Maxwell, alleged to have been subject to the deed of trust.

Cited by 1 later decisions — most recently October 1923

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1895-10-15

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Woods, J.,

¶1delivered the opinion of the court.

¶2The deed in trust is not void for insufficiency of description of the land on which the crops were to be grown. The descrip*529tion refers to the land by a general designation applicable to no other lands in Wilkinson county, and there should be no difficulty in applying the general designation to the subject-matter, viz.: The crops raised in 1894 on the lands leased by Maxwell from M. A. Jones. As the description covers all lands so leased, and as there can be no other lands in Wilkinson county to which the description can apply, there is no uncertainty of description.

¶3Reversed, demurrer overruled, cause remanded and thirty days given to answer after mandate filed in court below.