Bass v. Boeries

Citations

• 116 Miss. 419
• 77 So. 189

Syllabus

<p>1. Mobtgages. Pleading. Innocent purchasers.</p> <p>In a suit to foreclose a trust deed securing a note, a demurrer was properly overruled to a cross-bill charging that complainant was not a purchaser for value and that he did not take the assignment of thé note and deed of trust for the purpose of vesting any title or interest in him to either.</p> <p>2. Judgments. Trust deeds. Cancellation. Interest affected.</p> <p>Where in a suit by the assignee to foreclose a trust deed securing a note, the maker by cross-bill sought a cancellation of the note, the interest of the original payee who was not a party to the suit, could not be affected.</p> <p>3. Bills And Notes. Right of parties.</p> <p>If the original payee of a -.ote released the maker in consideration of a deed to the payee’s wife and this was known to the assignee of the note who was a mere volunteer, then the maker was entitled to a cancellation of the note and trust deed.</p>