Ogden v. Harrison

Citations

• 56 Miss. 743

Syllabus

<p>1. Mortgage. Delivery of the property. Appropriation of payments.</p> <p>Mortgaged cotton delivered to the creditor by the debtor is payment of the mortgage-debt pro tanto, and cannot, without the latter’s express agreement, be applied by the former to an unsecured debt of the mortgageor.</p> <p>2. Chancery Practice. Sale pending appeal. Reversal.</p> <p>If a mortgageor buys the land at the foreclosure sale thereof, pending an appeal, without supersedeas from the decree of sale, the Supreme Court; on reversing that decree, will also reverse the order confirming the sale, if it be appealed from, and both appeals be submitted at the same time.</p>