ISBN: 9780217752886

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustra… More...

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1878 Excerpt: ... James M. Thurman V. W. R. and J. F. JenKins, Executors, and E. N. Dickson. 1. Mortgage. Of crop. Merely an executory agreement. When. A writing, supposed to be a mortgage, was executed to secure the payment of money loaned, to be applied in raising a cotton crop, the mortgagor binds himself to deliver at maturity of the crop so much of the same as will be necessary for the payment of the sum specified in the writing to the mortgagee; conceding that a valid mortgage of a growing crop may be made, the Court held this writing to be merely an executory agreement to deliver cotton enough to pay the debt, but no particular cotton, and remedy upon this instrument would be damages for the mortgagor''s failure to deliver the same. Case cited: Sugg e. Tillman, 2 Swan, 208. 2. Same. Same. Though it be so expressed upon the face of a writ ten instrument, it is not a mortgage where it conveys no specific property, and the mortgagee under such circumstances has no right, either legal or equitable, to the property described, such as may be enforced against an attaching creditor. 3. Same. Same. Fraudulent conveyance. Where the morgagee pro cures the writing to be done, he is chargeable with knowledge of its contents, and if it recites a false consideration, it is evidence of fraud, and the deed will not stand as security for the real debt. Cases cited: Peacock r. Tompkins, Meig''s Rep''ts, 317; Hendricks v. Pardue, 3 Sneed, 191; Thompson v. Walker, Nashville, 1873. 4. Same. Same. Same. Where future advances are to be secured, this should appear upon the face of the deed or mortgage. Case cited: McGavock v. Gordon, 1 Cold., 265. 5. Practice In Supreme Court. Remanding cause. On failure to make proper party, the Supreme Court will in proper cases in aid of substantial right,... Jere Baxter, Books, History, Reports Of Cases Argued And Determined In The Supreme Court Of Tennessee (volume 2; V. 61) Books>History The book may have numerous typos or missing text. It is not illustrated or indexed. However, purchasers can download a free scanned copy of the original rare book from the publisher's website. You can also preview the book there.Purchasers are also entitled to a trial membership in the publisher's book club where they can select from more than a million books for free.Volume: 2; v. 61 Original Publisher: James Browne, Steam Printer Publication date: 1878Subjects: Law reports, digests, etc; History / General; Law / General; Law / Reference<

ISBN: 9780217752886

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustra… More...

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1878 Excerpt: ... James M. Thurman V. W. R. and J. F. JenKins, Executors, and E. N. Dickson. 1. Mortgage. Of crop. Merely an executory agreement. When. A writing, supposed to be a mortgage, was executed to secure the payment of money loaned, to be applied in raising a cotton crop, the mortgagor binds himself to deliver at maturity of the crop so much of the same as will be necessary for the payment of the sum specified in the writing to the mortgagee; conceding that a valid mortgage of a growing crop may be made, the Court held this writing to be merely an executory agreement to deliver cotton enough to pay the debt, but no particular cotton, and remedy upon this instrument would be damages for the mortgagor''s failure to deliver the same. Case cited: Sugg e. Tillman, 2 Swan, 208. 2. Same. Same. Though it be so expressed upon the face of a writ ten instrument, it is not a mortgage where it conveys no specific property, and the mortgagee under such circumstances has no right, either legal or equitable, to the property described, such as may be enforced against an attaching creditor. 3. Same. Same. Fraudulent conveyance. Where the morgagee pro cures the writing to be done, he is chargeable with knowledge of its contents, and if it recites a false consideration, it is evidence of fraud, and the deed will not stand as security for the real debt. Cases cited: Peacock r. Tompkins, Meig''s Rep''ts, 317; Hendricks v. Pardue, 3 Sneed, 191; Thompson v. Walker, Nashville, 1873. 4. Same. Same. Same. Where future advances are to be secured, this should appear upon the face of the deed or mortgage. Case cited: McGavock v. Gordon, 1 Cold., 265. 5. Practice In Supreme Court. Remanding cause. On failure to make proper party, the Supreme Court will in proper cases in aid of substantial right,... Jere Baxter, Books, History, Reports Of Cases Argued And Determined In The Supreme Court Of Tennessee (volume 2; V. 61) Books>History, General Books LLC<