Simpson v. McGlathery
Mississippi Supreme Court
Appeal from the Chancery Court of Noxubee County. Hon. J. J. DENNIS, Chancellor. The opinion of the court contains a very full statement of the material facts in the case. The error assigned, is the overruling of defendant’s demurrer to the bill. We submit that J. A. Campbell is a necessary party, complainant or defendant, to the bill filed in this cause, to enforce the collection of the note given for the purchase money in the hands of the assignee.
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Appeal from the Chancery Court of Noxubee County. Hon. J. J. DENNIS, Chancellor. The opinion of the court contains a very full statement of the material facts in the case. The error assigned, is the overruling of defendant’s demurrer to the bill. We submit that J. A. Campbell is a necessary party, complainant or defendant, to the bill filed in this cause, to enforce the collection of the note given for the purchase money in the hands of the assignee. Turner v. Hicks, 4 S. &. M., 294; Pitts v. Parker, 44 Miss., 247 ; Robinson v. Harbour, 42 ib., 795 ; Mitchell v. Shell, 49 ib., 118 ; 50 ib.,…
1Opinion of the CourtChalmers, J.
One Campbell sold certain lands to Simpson, delivering bond for title and receiving notes for the purchase money. These notes he transferred for value to McGlathery, and, in order to facilitate and insure the collection, executed and acknowledged a deed conveying title to his vendee, but delivered it to the assignee of the notes, to be held as an escrow until payment of the notes.
The notes falling due, McGlathery tendered the deed, demanded payment of the notes, and, upon failure to receive it, filed this bill to subject the land.
Demurrer was interposed because the vendor, Campbell, was not…
2Cases cited3 opinions
- Frost v. BeekmanNew York Court of Chancery · 1814
- Whitfield v. HarrisMississippi Supreme Court · 1873
- Inhabitants of the Second Parish in Wells v. OsbornMassachusetts Supreme Judicial Court · 1807
3Cited by4 opinions
- White Star Line Steamboat Co. v. MoragneSupreme Court of Alabama · 1890
- McMurtrey v. BridgesSupreme Court of Oklahoma · 1913
- Wood v. MorathMississippi Supreme Court · 1921
- Mosley v. Magnolia Petroleum Co.New Mexico Supreme Court · 1941