Berry v. Bullock

Citations

• 81 Miss. 463

Syllabus

<p>Statute of Frauds. Verbal promise to execute deed of trust. Loan. Use of money to satisfy mortgage. Subrogation.</p> <p>A lender of money who made a loan to enable the borrower to pay off a mortgage on his homestead, on the faith alone of a verbal promise to secure the debt by the execution of a deed of trust on the land, cannot enforce the verbal promise, and in a suit for that purpose the complainant will not be subrogated to the right of the mortgagee whose mortgage was satisfied with the borrowed money.</p>