81 Miss. 463 | Miss. | 1902
delivered the opinion of the court.
- .The facts do not' show abandonment of the homestead. There is no case made for legal or conventional subrogation. The bill is framed expressly on the theory, sustained by the proof, that appellants made a mere loan to Bullock on the contract and with the declared intent that Bullock should give appellants, as security, a new trust deed. There was no assignment of Rutledge’s trust deed. On the contrary, it was satisfied and discharged. There was no agreement, express or implied, that Rutledge’s trust deed was to be kept alive for the benefit of appellants. The proof clearly shows that appellants simply loaned the money to Bullock, January 1, 1896, and took his duebill, knowing that the money was to be paid to
We have found few witnesses whose truthfulness shines more clearly out under trying circumstances than did old Mrs. Bullock’s. She fulfills the psalmist’s definition, “ He that sweareth to his own hurt, and changeth not. ’ ’
Affirmed.