Morse v. Clayton

Citations

• 21 Miss. 373

Syllabus

<p>The mere fact that a former administrator had in his possession a note of a third party, doe to his intestate, is not an administration of such note; nor will his ceasing to be administrator, and delivering the note over to the guardian of the children of his intestate, make the note any the less assets, which may be administered by an administrator de bonis non.</p> <p>Where a note secured by mortgage is payable to a deceased person, no one 4 but his administrator can enforce the collection of the note by the foreclosure of the mortgage ; nor will it be any obstacle to the administrator’s right to foreclose, that by some means a judgment has been had at law on the note against the maker in favor of the guardian of the heirs of the payee.</p> <p>Where a note secured by mortgage does not purport to bear interest on its face from date, while the mortgage to secure its payment recites that it is to bear interest from date, the mortgagee will be entitled to the interest stipulated for in the mortgage.</p> <p>An acknowledgment to admit a deed to record need not be in the very words, but only to the effect, of the form prescribed by the statute.</p> <p>Therefore, where a subscribing witness stated that the deed was signed, sealed, and delivered in his presence, and in the presence of the other subscribing witness, it is a sufficient compliance with the law, which provides that the witness shall swear that “ he saw the grantor sign, seal, and deliver the deed to the grantee; that he subscribed his name as a witness to it in the presence of the grantor; and that he saw the other subscribing witness (naming him) sign the same in the presence of the grantor, and in the presence of each other, on the day and year therein named.”</p> <p>There is no statute in this state which prescribes the duration of a mortgage lien ; it seems that its lien will at least continue in force as long as the debt it is intended to secure is binding.</p> <p>Where a defence to a bill of foreclosu