Summary

by John Marshall Harlan Stockmeyer v. Tobin — Opinion of the Court

When the law gives the mortgage creditor the right to seize the whole thing mortgaged, it gives him the right to sell the whole thing, if it be indivisible by nature, or only so by the agreement and contract of the parties.'
But if it be assumed that the personal property used in the cultivation of the plantation, and embraced in the special mortgage, ought not to have been sold in block with the plantation, but each article separately, the failure to do so did not render the sale void. The utmost that could be said is that the sale was informal and irregular.
Source: Wikisource

by John Marshall Harlan Stockmeyer v. Tobin — Opinion of the Court

That if any instrument or other act of a person deceased contain in itself evidence of insanity in the party, then it shall be declared void, although more than thirty days have elapsed between the time of making the act and the death of the party, and though no petition shall have been presented for his interdiction. (7) In the case mentioned in the preceding rule, other proofs of insanity may be offered, etc. (8) That, where insanity is alleged to avoid a donation or other gratuitous contract, it is not necessary to show that the insanity was generally known.
Source: Wikisource

by John Marshall Harlan Stockmeyer v. Tobin — Opinion of the Court

Where a plantation and its fixtures are to be sold under a mortgage, as in this case, the sale must be made at the seat of justice, unless the debtor requires it to be made on the plantation. It is not intended that the articles attached to the plantation and which are mortgageable shall be sold in one place and the land in another.
Source: Wikisource

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