State v. Sullivan

80 Miss. 596

Opinion

Terral, J.,

delivered the opinion of the court.

The lien upon property of a deed of trust is discharged by the payment of the debt secured thereby. The debt is the principal thing; the lien is but an incident to it; and the grantor is not bound to pay the debt, and thereby discharge the lien, until the debt is due. Now, here, Sullivan is indicted for not paying the debt (discharging the lien) before it comes due, and in that respect we think the indictment faulty.

Affirmed.