First Federal Sayings & Loan Ass'n v. Birdsong

Mississippi Supreme Court

First Federal Sayings & Loan Ass'n v. Birdsong

185 So. 241, 184 Miss. 75, 1939 Miss. LEXIS 12

CourtMississippi Supreme Court

DecidedJanuary 2, 1939

DocketNo. 33496.

StatusPublished

This text of 185 So. 241 (First Federal Sayings & Loan Ass'n v. Birdsong) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

First Federal Sayings & Loan Ass'n v. Birdsong, 185 So. 241, 184 Miss. 75, 1939 Miss. LEXIS 12 (Mich. 1939).

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Opinion

*77 Anderson, J.,

delivered the opinion of the court.

The question involved in this case is whether the mortgage moratorium statutes, Chap. 247 of the Laws of 1934, Chap. 287 of the Laws of 1936, and Chap. 346 of the Laws of 1938, have any application to a mortgage executed in July, 1935. By their express provisions, they have no such application. See Sec. 12 of the Act of 1934, Sec. 12 of the Act of 1936', and Sec. 12 of the Act of 1938.

It follows that appellee’s original bill should have been dismissed, and the injunction issued thereon dissolved, and a final decree granted appellant.

Reversed and judgment here for appellant.

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*77 Anderson, J.,

delivered the opinion of the court.

The question involved in this case is whether the mortgage moratorium statutes, Chap. 247 of the Laws of 1934, Chap. 287 of the Laws of 1936, and Chap. 346 of the Laws of 1938, have any application to a mortgage executed in July, 1935. By their express provisions, they have no such application. See Sec. 12 of the Act of 1934, Sec. 12 of the Act of 1936', and Sec. 12 of the Act of 1938.

It follows that appellee’s original bill should have been dismissed, and the injunction issued thereon dissolved, and a final decree granted appellant.

Reversed and judgment here for appellant.

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Bluebook (online)

185 So. 241, 184 Miss. 75, 1939 Miss. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-federal-sayings-loan-assn-v-birdsong-miss-1939.