Newman v. Bank of Greenville

Citations

• 67 Miss. 770

Syllabus

<p>1. Trust-Deed to secure Note and Account. Assignment of note as collateral.</p> <p>Where a debtor, under agreement to furnish his creditor with collateral for $2000, deposits with him notes to that amount, and among them a note for $250, endorsed in blank, and the trust-deed which secures it and also other sums to be advanced, the creditor receiving the collaterals does not thereby acquire any interest in the trust-deed beyond the amount of the $250 note; and after payment of the note he cannot as against a purchaser from the debtor of property embraced in the trust-deed claim the further security of the trust-deed to satisfy the balance remaining due by the debtor upon the $2000, to secure which the collaterals were given.</p> <p>2. Agreement oe Attorneys. Will prevail over evidence.</p> <p>In a controversy involving the issue whether certain cotton in controversy was a part of a crop grown on a certain place and shipped to defendant, an agreement in the record signed by attorneys on both sides, giving what purports to be a true exhibit of all the cotton so grown and shipped, will control, notwithstanding there is evidence tending to show that the cotton in controversy, which is omitted in the exhibit, was also part of such crop and shipment.</p> <p>3. Notice. Status presumed to continue. Service of writ.</p> <p>Where one, who has for five or six days been in possession of cotton which is subject to a landlord’s lien, sells it on the very day he is served with a writ enjoining the sale, in the absence of evidence to the contrary, it will be presumed that the writ was served before the sale, in accordance with the rule of evidence that a state of things once shown to exist (in this case possession) will be presumed to continue until a change is shown, or a different presumption arises.</p>