Hughes v. McEwen

Citations

• 112 Miss. 35
• 72 So. 848

Syllabus

<p>1. Bills and Notes. Construction. Maturity. Conflicting clauses. Time of maturity. Reasonable time.</p> <p>Where a promissory note read, “one year after date I promise to pay” a certain sum hut also providing that, “It is understood and agreed that this note is to he paid whenever” certain land of the maker should he sold, and a deed of trust securing such note provided that, “payment of the.note is not to he made until the maker of the note has sold and collected for eighty acres or more of the land.” In such case the note and the deed of trust are to he construed together and such note was not payable in one year after date, but when the cpntingency stated happened.</p> <p>2. Bills and Notes. Construction. Time of maturity. Reasonable time.</p> <p>A purchase money note payable when a .given part of the land purchased should he resold by the purchaser is payable after a reasonable time has elapsed for the making of such sale.</p> <p>3. Bills and Notes. Maturity. Reasonable time.</p> <p>Where such note was not paid for four years, a sale under a deed of trust securing the note will not he enjoined on testimony showing that the debtor had made some effort to sell the land, hut there was no showing that exceptional circumstances prevented the making of the sale during the four years.'</p>