Hebron Bank v. Lewis

Citations

• 111 Miss. 786
• 72 So. 225

Syllabus

<p>Logs and Logging. Sale of timber land. Persons liable.</p> <p>Where by agreement between the vendor and purchaser of timber land the deed to the same was made to defendant bank, there being an agreement between the purchaser and the bank that the deed was to be held as a mortgage to secure advances, and the timber was immediately turned over to the purchaser, the bank taking no part in the cutting of the timber and having no interest in the proceeds or profits of the purchaser. In such case the vendor had no right of action against the bank for timber erroneously cut, on the ground of a mutual mistake in the deed as to the amount of timber conveyed, made between the vendor and the purchaser and of which the bank had no actual knowledge.</p>