Kirby v. Bank of Carrollton

Mississippi Supreme Court

Kirby v. Bank of Carrollton

59 So. 10, 102 Miss. 190

CourtMississippi Supreme Court

DecidedMarch 15, 1912

StatusPublished

Cited by2 cases

This text of 59 So. 10 (Kirby v. Bank of Carrollton) 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

Kirby v. Bank of Carrollton, 59 So. 10, 102 Miss. 190 (Mich. 1912).

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Opinion

Mayes, C. J.,

delivered the opinion of the court.

Kirby was not made a party to the foreclosure proceedings instituted by the bank for the purpose of hav;ing the property in question sold under the trust deed executed to it by L. J; Henderson. As Kirby was not made a party, he is, of course, not affected by that suit. .At the time the bank acquired its interest in the land •'from L. J, Henderson, it is beyond dispute that A. M. Kirby was in possession of the land, holding a written contract from Henderson, showing that he had paid for .and owned one-half interest in the property. The con[197]*197tract which Kirby held was in form a receipt, showing that he had paid Henderson five hundred and seventy-five dollars for a half interest in the place, and the receipt further recited that A. M. Kirby then resided on the property. This receipt further specifically described the land by-metes and bounds. As Kirby was in possession of the property under this contract, it was notice to the world of his rights and equities, and the interest of the bank, acquired in the land through Henderson, is subordinate to the interest which Kirby had in the same property. This is the law as declared by every- decision rendered by the court where the question was involved. Taylor v. Lowenstein, 50 Miss. 278; Strickland v. Kirk, 51 Miss. 795; I. C. Railroad Co. v. Sanders, 93 Miss. 107, 46 South. 241; Bolton v. Roebuck, 77 Miss. 710, 27 South. 630; Allen, etc., v. Milstead, 92 Miss. 837, 46 South. 256, 131 Am. St. Rep. 556.

Reversed and remanded.

Suggestion of error filed cmd overruled.

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Mayes, C. J.,

delivered the opinion of the court.

Kirby was not made a party to the foreclosure proceedings instituted by the bank for the purpose of hav;ing the property in question sold under the trust deed executed to it by L. J; Henderson. As Kirby was not made a party, he is, of course, not affected by that suit. .At the time the bank acquired its interest in the land •'from L. J, Henderson, it is beyond dispute that A. M. Kirby was in possession of the land, holding a written contract from Henderson, showing that he had paid for .and owned one-half interest in the property. The con[197]*197tract which Kirby held was in form a receipt, showing that he had paid Henderson five hundred and seventy-five dollars for a half interest in the place, and the receipt further recited that A. M. Kirby then resided on the property. This receipt further specifically described the land by-metes and bounds. As Kirby was in possession of the property under this contract, it was notice to the world of his rights and equities, and the interest of the bank, acquired in the land through Henderson, is subordinate to the interest which Kirby had in the same property. This is the law as declared by every- decision rendered by the court where the question was involved. Taylor v. Lowenstein, 50 Miss. 278; Strickland v. Kirk, 51 Miss. 795; I. C. Railroad Co. v. Sanders, 93 Miss. 107, 46 South. 241; Bolton v. Roebuck, 77 Miss. 710, 27 South. 630; Allen, etc., v. Milstead, 92 Miss. 837, 46 South. 256, 131 Am. St. Rep. 556.

Reversed and remanded.

Suggestion of error filed cmd overruled.

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Bluebook (online)

59 So. 10, 102 Miss. 190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirby-v-bank-of-carrollton-miss-1912.

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