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74 Miss. 774

Tuteur v. Brown

Mississippi Supreme Court

Decided March 15, 1897

Mississippi Supreme Court · decided 1897-03-15

From the chancery court of Madison county. Branigan owned the land in controversy, and executed a mortgage upon it to Garrison.. At the maturity of the mortgage debt, Garrison, more than ten years before this suit was begun, took possession, and, while in possession, he mortgaged the premises to Brown, and, at the maturity of the debt to Brown, the latter took possession from Garrison, and is yet in the actual occupancy of the place.

Cited by 1 later decisions — most recently October 1910

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1897-03-15

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Woods, C. J.,

¶1delivered the opinion of the court.

¶2The conveyances from Branigan to Garrison and from Garrison to Brown were securities for the payment of the sums named in them, and must be held to be mortgages. But, although mortgages, Branigan is now barred of any right to assert his equity of redemption, by reason of his failure to bring his action for that purpose for more than ten years after condition broken, and after possession by the mortgagee, or h'is alienee, during all that period. As to him the title of ap*777pellee, Brown, is perfect by limitation. See the opinion of this court in Little v. Teague, 60 Miss., 115, and particularly the last sentence in that opinion.

¶3Branigan was neither a proper nor a necessary party to the bill in this case. He had no sort of connection with, nor interest in, the subject-matter of the litigation, under the view hereinbefore announced. Garrison was a proper, though not a necessary, party. He has elected to appear as the co-complainant of his vendee or mortgagee, and of this the appellant has no reason to complain.

¶4The decree of the court helow is affirmed, with leave to appellant to answer within thirty days after mandate filed.

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