Williams v. Butts

Citations

• 124 Miss. 661
• 87 So. 145

Syllabus

<p>1. Mortgages. When a deed absolute on ‘its face may be shown to be a mortgage stated.</p> <p>A deed from A. to B., accompanied by a -written agreement on the part of B. to convey to C. on the payment to him by CL of the money paid by B. to A. for the land conveyed, C. being then and thereafter remaining in possession of the land, may be shown to be a mortgage to secure the payment to B. of money advanced by him to C. with which to purchase the land from A.</p> <p>2. Appeal an» Error. Questions not presented below will not be considered.</p> <p>A question not within the case made by the pleadings in the/ court below will not be considered by the supreme court on appeal.</p> <p>2. Payment. When court may apply payment stated.</p> <p>If neither the debtor nor the creditor applies a payment to a particular one of several debts due the creditor by. the debtor, the court will do so, but if the intention of the parties in making and receiving the payment can be ascertained with reasonable certainty from all the facts and circumstances of thei case, the payment will be applied by the court accordingly.</p> <p>4. Mortgages. Mortgagee entitled to cancellation on payment of mortgage debt, though owing mortgagee other debts.</p> <p>Where a mortgage secures payment of a specific debt, the debtor is entitled to the cancellation thereof on the payment by. him of ' the debt secured, although he may owe the mortgagee other unsecured debts contracted since the execution of the mortgage.</p>