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11 Mississippi opinions name it 1 courts 1953–1998 0 in the last five years
The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Walters v. M. & M. BANK OF ELLISVILLEgreen2 sentences1971We stated: Where the clause is broad enough to cover subsequent debts of one of joint mortgagors, the dragnet clause is generally construed so as to extend the security of the mortgage executed by joint mortgagors to the individual indebtedness of one of them afterward created. *373 * * * ( 218 Miss. at 784 , 67 So.2d at 717 ). * * * * * * The parties clearly agreed that it would secure debts incurred by both of them and by either of them. 1971We stated: Where the clause is broad enough to cover subsequent debts of one of joint mortgagors, the dragnet clause is generally construed so as to extend the security of the mortgage executed by joint mortgagors to the individual indebtedness of one of them afterward created. *373 * * * ( 218 Miss. at 784 , 67 So.2d at 717 ). * * * * * * The parties clearly agreed that it would secure debts incurred by both of them and by either of them. | 2 | 3 |
Wong v. Beneficial Savings & Loan Ass'ngreen2 sentences1998Stewart, 608 So.2d at 1126 (citing Mark Twain Kansas City Bank v. Cates, 248 Kan. 700 , 810 P.2d 1154 (1991); Shiew, 609 P.2d at 957-58 ; Wong v. Beneficial Sav. and Loan Ass'n, 56 Cal.App.3d 286 , 128 Cal. Rptr. 338, 342 (1976)). 1998Stewart, 608 So.2d at 1126 (citing Mark Twain Kansas City Bank v. Cates, 248 Kan. 700 , 810 P.2d 1154 (1991); Shiew, 609 P.2d at 957-58 ; Wong v. Beneficial Sav. and Loan Ass'n, 56 Cal.App.3d 286 , 128 Cal. Rptr. 338, 342 (1976)). | 2 | 2 |
Holland v. Bank of Lucedalegreen2 sentences1995Newton County Bank v. Jones, 299 So.2d 215, 219-20 (Miss. 1974); Holland v. Bank of Lucedale, 204 So.2d 875, 877 (Miss. 1967). 1992See Davis, 168 So. at 262 (in deed of trust executed by husband and wife, dragnet clause which secured future advances made to "them" did not secure advance made only to husband); Holland v. Bank of Lucedale, 204 So.2d 875, 877 (Miss. 1967) (same); Walters v. Merchants & Manufacturers Bank of Ellisville, 218 Miss. 777 , 67 So.2d 714, 717 (1953) (same). | 2 | 2 |
Matter of Ladnergreen2 sentences1998First, it must be considered whether the dragnet clause employed in the agreement is "boilerplate." The Stewart Court noted that "[o]ften these clauses are not discussed between the borrower and the lender so that the borrower is not aware of the existence or the effect of these clauses." Stewart, 608 So.2d at 1126 (citing United States v. American Nat'l Bank, 255 F.2d 504 (5th Cir.1958); Matter of Ladner, 50 B.R. 85 (Bankr.S.D.Miss.1985); First Sec. 1996First, it must be considered whether the dragnet clause employed in the agreement is "boilerplate." The Stewart Court noted that "[o]ften these clauses are not discussed between the borrower and the lender so that the borrower is not aware of the existence or the effect of these clauses." Stewart, 608 So. 2d at 1126 (citing United States v. American Nat'l Bank, 255 F.2d 504 (5th Cir. 1958); Matter of Ladner, 50 B.R. 85 (Bankr. | 1 | 3 |
First Security Bank of Utah v. Shiewgreen2 sentences1998Bank v. Shiew, 609 P.2d 952, 957 (Utah 1980); Underwood v. Jarvis, 358 So.2d 731 (Ala.1978); Mohler v. Buena Vista Bank & Trust Co., 42 Colo.App. 4 , 588 P.2d 894 (1978)). 1998Stewart, 608 So.2d at 1126 (citing Mark Twain Kansas City Bank v. Cates, 248 Kan. 700 , 810 P.2d 1154 (1991); Shiew, 609 P.2d at 957-58 ; Wong v. Beneficial Sav. and Loan Ass'n, 56 Cal.App.3d 286 , 128 Cal. Rptr. 338, 342 (1976)). | 1 | 2 |
Newton County Bank, Louin Branch Office v. Jonesgreen2 sentences1995Newton County Bank v. Jones, 299 So.2d 215, 219-20 (Miss. 1974); Holland v. Bank of Lucedale, 204 So.2d 875, 877 (Miss. 1967). 1982Newton County Bank, Louin Branch Office v. Jones, 299 So.2d 215 (Miss. 1974). | 1 | 2 |
Whiteway Finance Co., Inc. v. Greengreen2 sentences1992It is well settled within this jurisdiction that a dragnet clause is valid to encompass future debts that a borrower may incur, within the security agreement, Cochran v. Deposit Guaranty Nat'l Bank, 509 So.2d 1045 (Miss. 1987); Whiteway Finance Co., Inc., v. Green, 434 So.2d 1351 (Miss. 1983). 1992Dragnet clauses are valid and enforceable in Mississippi, Whiteway Finance Co. v. Green, 434 So.2d 1351, 1353 (Miss. 1983), if properly executed and stated in clear and unambiguous language. | 1 | 2 |
Davis v. Crawfordgreen2 sentences1974That Don Jones gave cattle as his collateral for the additional loans, which instruments were not signed by Myrtis Jones." (Emphasis added) The majority opinion says that this Court clearly indicated in Davis v. Crawford, 175 Miss. 493 , 168 So. 261 (1936) that if the dragnet clause had contained three little words "one of them" that the decision would have been in favor of Crawford, Receiver of the Bank, rather than the homeowners. 1974That Don Jones gave cattle as his collateral for the additional loans, which instruments were not signed by Myrtis Jones." (Emphasis added) The majority opinion says that this Court clearly indicated in Davis v. Crawford, 175 Miss. 493 , 168 So. 261 (1936) that if the dragnet clause had contained three little words "one of them" that the decision would have been in favor of Crawford, Receiver of the Bank, rather than the homeowners. | 1 | 2 |
Singing River Mall Company v. Mark Fields, Inc.green1 sentence1995Singing River Mall v. Mark Fields, Inc., 599 So.2d 938, 947 (Miss. 1992) (holding that contract modifications must "meet the requirements for a valid contract," presumably including new consideration). | 1 | 1 |
Harris v. Griffithgreen1 sentence1992See Harris v. Griffith, 210 So.2d 629 (Miss. 1968) (each word and clause throughout entire instrument should be reconciled and given meaning if reasonably possible). | 1 | 1 |
Trapp v. Tidwellgreen2 sentences1992Trapp v. Tidwell, 418 So.2d 786, 792 (Miss. 1982), citing Williams v. Life Ins. 1992Trapp v. Tidwell, 418 So.2d 786 , 792 (Miss. 1982), citing Williams v. Life Ins. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. American National Bank of Jacksonville and Title & Trust Company of Florida
green
2 sentences1998First, it must be considered whether the dragnet clause employed in the agreement is "boilerplate." The Stewart Court noted that "[o]ften these clauses are not discussed between the borrower and the lender so that the borrower is not aware of the existence or the effect of these clauses." Stewart, 608 So.2d at 1126 (citing United States v. American Nat'l Bank, 255 F.2d 504 (5th Cir.1958); Matter of Ladner, 50 B.R. 85 (Bankr.S.D.Miss.1985); First Sec. 1996First, it must be considered whether the dragnet clause employed in the agreement is "boilerplate." The Stewart Court noted that "[o]ften these clauses are not discussed between the borrower and the lender so that the borrower is not aware of the existence or the effect of these clauses." Stewart, 608 So. 2d at 1126 (citing United States v. American Nat'l Bank, 255 F.2d 504 (5th Cir. 1958); Matter of Ladner, 50 B.R. 85 (Bankr. | 3 | 1992–1998 |
Mohler v. Buena Vista Bank & Trust Co.
green
2 sentences1998Bank v. Shiew, 609 P.2d 952, 957 (Utah 1980); Underwood v. Jarvis, 358 So.2d 731 (Ala.1978); Mohler v. Buena Vista Bank & Trust Co., 42 Colo.App. 4 , 588 P.2d 894 (1978)). 1998Bank v. Shiew, 609 P.2d 952, 957 (Utah 1980); Underwood v. Jarvis, 358 So.2d 731 (Ala.1978); Mohler v. Buena Vista Bank & Trust Co., 42 Colo.App. 4 , 588 P.2d 894 (1978)). | 2 | 1992–1998 |
Mark Twain Kansas City Bank v. Cates
green
2 sentences1998Stewart, 608 So.2d at 1126 (citing Mark Twain Kansas City Bank v. Cates, 248 Kan. 700 , 810 P.2d 1154 (1991); Shiew, 609 P.2d at 957-58 ; Wong v. Beneficial Sav. and Loan Ass'n, 56 Cal.App.3d 286 , 128 Cal. Rptr. 338, 342 (1976)). 1998Stewart, 608 So.2d at 1126 (citing Mark Twain Kansas City Bank v. Cates, 248 Kan. 700 , 810 P.2d 1154 (1991); Shiew, 609 P.2d at 957-58 ; Wong v. Beneficial Sav. and Loan Ass'n, 56 Cal.App.3d 286 , 128 Cal. Rptr. 338, 342 (1976)). | 2 | 1996–1998 |
Merchants Nat. Bank v. Stewart
green
2 sentences1998Texie Rae Wallace argues that there is no mention of any specific antecedent debt in either of the assignments, and thus the bank wrongly assumed that the assignments allowed it to "dragnet" all debt, including that which existed before the assignments were executed. [7] She argues that this Court's holding in Merchants Nat'l Bank v. Stewart, 608 So.2d 1120 (Miss.1992) established the rule that antecedent debts will not be deemed within a dragnet clause unless they are specifically identified in the instrument. 1998First, it must be considered whether the dragnet clause employed in the agreement is "boilerplate." The Stewart Court noted that "[o]ften these clauses are not discussed between the borrower and the lender so that the borrower is not aware of the existence or the effect of these clauses." Stewart, 608 So.2d at 1126 (citing United States v. American Nat'l Bank, 255 F.2d 504 (5th Cir.1958); Matter of Ladner, 50 B.R. 85 (Bankr.S.D.Miss.1985); First Sec. | 2 | 1996–1998 |
Coombs v. Wilson
green
2 sentences1953Baker v. Building and Loan Association of Jackson, 168 Miss. 808 , 152 So. 288 (1934); Coombs v. Wilson, 142 Miss. 502 , 107 So. 874 (1926); Herron v. Land, 151 Miss. 893 , 119 So. 823 (1929). 1953Baker v. Building and Loan Association of Jackson, 168 Miss. 808 , 152 So. 288 (1934); Coombs v. Wilson, 142 Miss. 502 , 107 So. 874 (1926); Herron v. Land, 151 Miss. 893 , 119 So. 823 (1929). | 2 | 1953–1953 |
Baker v. B. L. Ass'n of Jackson
green
2 sentences1953Baker v. Building and Loan Association of Jackson, 168 Miss. 808 , 152 So. 288 (1934); Coombs v. Wilson, 142 Miss. 502 , 107 So. 874 (1926); Herron v. Land, 151 Miss. 893 , 119 So. 823 (1929). 1953Baker v. Building and Loan Association of Jackson, 168 Miss. 808 , 152 So. 288 (1934); Coombs v. Wilson, 142 Miss. 502 , 107 So. 874 (1926); Herron v. Land, 151 Miss. 893 , 119 So. 823 (1929). | 2 | 1953–1953 |
Herron v. Land
neutral
2 sentences1953Baker v. Building and Loan Association of Jackson, 168 Miss. 808 , 152 So. 288 (1934); Coombs v. Wilson, 142 Miss. 502 , 107 So. 874 (1926); Herron v. Land, 151 Miss. 893 , 119 So. 823 (1929). 1953Baker v. Building and Loan Association of Jackson, 168 Miss. 808 , 152 So. 288 (1934); Coombs v. Wilson, 142 Miss. 502 , 107 So. 874 (1926); Herron v. Land, 151 Miss. 893 , 119 So. 823 (1929). | 2 | 1953–1953 |
Underwood v. Jarvis
green
1 sentence1998Bank v. Shiew, 609 P.2d 952, 957 (Utah 1980); Underwood v. Jarvis, 358 So.2d 731 (Ala.1978); Mohler v. Buena Vista Bank & Trust Co., 42 Colo.App. 4 , 588 P.2d 894 (1978)). | 1 | 1998–1998 |
Cochran v. Deposit Guar. Nat. Bank
green
1 sentence1992It is well settled within this jurisdiction that a dragnet clause is valid to encompass future debts that a borrower may incur, within the security agreement, Cochran v. Deposit Guaranty Nat'l Bank, 509 So.2d 1045 (Miss. 1987); Whiteway Finance Co., Inc., v. Green, 434 So.2d 1351 (Miss. 1983). | 1 | 1992–1992 |
Schenley Distillers, Inc. v. United States
green
2 sentences1992(T)he most important element for a Court to determine is: "What was the intention of the parties when they executed these various instruments?" Matter of Ladner, 50 B.R. 85, 91 (Bankr.S.D.Miss. 1985); Mohler v. Buena Vista Bank & Trust Co., 42 Colo. App. 4 , 588 P.2d 894 (1978); United States v. American National Bank, 255 F.2d 504 (5th Cir.1958), cert. denied, 358 U.S. 835 , 79 S.Ct. 58 , 3 L.Ed.2d 72 , rehearing denied, 359 U.S. 1006 , 79 S.Ct. 1135 , 3 L.Ed.2d 1034 . 1992(T)he most important element for a Court to determine is: "What was the intention of the parties when they executed these various instruments?" Matter of Ladner, 50 B.R. 85 , 91 (Bankr.S.D.Miss. 1985); Mohler v. Buena Vista Bank Trust Co., 42 Colo. App. 4 , 588 P.2d 894 (1978); United States v. American National Bank, 255 F.2d 504 (5th Cir. 1958), cert. denied, 358 U.S. 835 , 79 S.Ct. 58 , 3 L.Ed.2d 72 , rehearing denied, 359 U.S. 1006 , 79 S.Ct. 1135 , 3 L.Ed.2d 1034 . | 1 | 1992–1992 |
DeLucia v. United States
green
2 sentences1992(T)he most important element for a Court to determine is: "What was the intention of the parties when they executed these various instruments?" Matter of Ladner, 50 B.R. 85, 91 (Bankr.S.D.Miss. 1985); Mohler v. Buena Vista Bank & Trust Co., 42 Colo. App. 4 , 588 P.2d 894 (1978); United States v. American National Bank, 255 F.2d 504 (5th Cir.1958), cert. denied, 358 U.S. 835 , 79 S.Ct. 58 , 3 L.Ed.2d 72 , rehearing denied, 359 U.S. 1006 , 79 S.Ct. 1135 , 3 L.Ed.2d 1034 . 1992(T)he most important element for a Court to determine is: "What was the intention of the parties when they executed these various instruments?" Matter of Ladner, 50 B.R. 85 , 91 (Bankr.S.D.Miss. 1985); Mohler v. Buena Vista Bank Trust Co., 42 Colo. App. 4 , 588 P.2d 894 (1978); United States v. American National Bank, 255 F.2d 504 (5th Cir. 1958), cert. denied, 358 U.S. 835 , 79 S.Ct. 58 , 3 L.Ed.2d 72 , rehearing denied, 359 U.S. 1006 , 79 S.Ct. 1135 , 3 L.Ed.2d 1034 . | 1 | 1992–1992 |
American National Bank of Jacksonville v. United States
green
2 sentences1992(T)he most important element for a Court to determine is: "What was the intention of the parties when they executed these various instruments?" Matter of Ladner, 50 B.R. 85 , 91 (Bankr.S.D.Miss. 1985); Mohler v. Buena Vista Bank Trust Co., 42 Colo. App. 4 , 588 P.2d 894 (1978); United States v. American National Bank, 255 F.2d 504 (5th Cir. 1958), cert. denied, 358 U.S. 835 , 79 S.Ct. 58 , 3 L.Ed.2d 72 , rehearing denied, 359 U.S. 1006 , 79 S.Ct. 1135 , 3 L.Ed.2d 1034 . 1992(T)he most important element for a Court to determine is: "What was the intention of the parties when they executed these various instruments?" Matter of Ladner, 50 B.R. 85 , 91 (Bankr.S.D.Miss. 1985); Mohler v. Buena Vista Bank Trust Co., 42 Colo. App. 4 , 588 P.2d 894 (1978); United States v. American National Bank, 255 F.2d 504 (5th Cir. 1958), cert. denied, 358 U.S. 835 , 79 S.Ct. 58 , 3 L.Ed.2d 72 , rehearing denied, 359 U.S. 1006 , 79 S.Ct. 1135 , 3 L.Ed.2d 1034 . | 1 | 1992–1992 |
Messervy v. Messervy
green
2 sentences1992(T)he most important element for a Court to determine is: "What was the intention of the parties when they executed these various instruments?" Matter of Ladner, 50 B.R. 85, 91 (Bankr.S.D.Miss. 1985); Mohler v. Buena Vista Bank & Trust Co., 42 Colo. App. 4 , 588 P.2d 894 (1978); United States v. American National Bank, 255 F.2d 504 (5th Cir.1958), cert. denied, 358 U.S. 835 , 79 S.Ct. 58 , 3 L.Ed.2d 72 , rehearing denied, 359 U.S. 1006 , 79 S.Ct. 1135 , 3 L.Ed.2d 1034 . 1992(T)he most important element for a Court to determine is: "What was the intention of the parties when they executed these various instruments?" Matter of Ladner, 50 B.R. 85 , 91 (Bankr.S.D.Miss. 1985); Mohler v. Buena Vista Bank Trust Co., 42 Colo. App. 4 , 588 P.2d 894 (1978); United States v. American National Bank, 255 F.2d 504 (5th Cir. 1958), cert. denied, 358 U.S. 835 , 79 S.Ct. 58 , 3 L.Ed.2d 72 , rehearing denied, 359 U.S. 1006 , 79 S.Ct. 1135 , 3 L.Ed.2d 1034 . | 1 | 1992–1992 |
Amos v. Lance
neutral
1 sentence1982In Amos v. Lance, 355 So.2d 84 (Miss. 1978), we held the failure to reduce an alleged deficiency to a liquidated claim or judgment could not be the sole basis for foreclosure of a deed of trust containing a dragnet clause. | 1 | 1982–1982 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.