80 Miss. 596
Decided March 15, 1902
Mississippi Supreme Court · decided 1902-03-15
Erom: the circuit court of Winston county. Hon. Guión Q. Hall, Judge. Sullivan, the appellee, was indicted, under code 1892, § 1184, for that he did “sell and dispose of” certain property upon which he had executed a mortgage. The indictment showed that the mortgage debt matured on the 15th of December, 1899, and the selling was averred to have been committed December 2, 1899.
Decided 1902-03-15
¶1delivered the opinion of the court.
¶2The lien upon property of a deed of trust is discharged by the payment of the debt secured thereby. The debt is the principal thing; the lien is but an incident to it; and the grantor is not bound to pay the debt, and thereby discharge the lien, until the debt is due. Now, here, Sullivan is indicted for not paying the debt (discharging the lien) before it comes due, and in that respect we think the indictment faulty.
¶3Affirmed.