McGehee v. Weeks

Citations

• 112 Miss. 483
• 73 So. 287

Syllabus

<p>1. Mortgage. Deed as mortgage. Parol evidence. Cancellation of instruments. Suit to cancel deed. Relief. Sequestration.</p> <p>■ The grantors of a deed, on the trial of their suit to cancel the deed on the theory that it was intended to he a mortgage or that they were by a separate instrument accorded the right to repurchase, had the right to show by parol evidence that the deed was intended to operate as a mortgage where they remained in possession after the giving of the deed.</p> <p>2. Cancellation oe Instruments. Suit to cancel deed. Suggestion.</p> <p>In á suit to cancel a deed absolute in form, on the theory that it was intended as a mortgage, where defendant filed a cross-bill averring that he was the landlord of complainants and that they were indebted to him for rent for a year, and that he believed that they would remove the agricultural products from the leased premises, unless sufficient goods were distrained, it was within the discretion of the chancellor to issue a writ of sequestration to seize sufficient crops to cover the amount of the rent; upon cross-complainants procuring a sufficient bond to indemnify complainant.</p>