Legal Opinion

Phipps v. Tarpley

Mississippi Supreme Court

Decided April 15, 1856PublishedCited by 5 opinions

In error to the Circuit Court of Yazoo county. Hon. E. Cv Henry, judge. Cited Sedgwick on Damages, 431-462; Rawle on Covenants, 480-568. Cited Soy v. Taliaferro, 8 S. & M. 727; Glenn v. Thistle, 1 Cushm. 42.

1Opinion of the CourtEisher, J.

This was an action in the Circuit Court of Yazoo county, to recover the amount of two promissory notes, made by the plaintiff in error to the defendant in error.

The defendant offered to prove on the trial, that the notes were given to secure the balance due on account of a tract of land, sold by the plaintiff to the defendant; that the plaintiff conveyed the *434tract of land, with covenants of general warranty ; that as to part of the tract he had no title at the time of the sale — had acquired none since — and that the land was in the adverse possession of another person, claiming and holding…

2Cited by5 opinions

  1. Hazelett v. WoodruffSupreme Court of Missouri · 1899
  2. Brooks v. BlackMississippi Supreme Court · 1890
  3. Matheny v. StewartSupreme Court of Missouri · 1891
  4. Madden v. Caldwell Land Co.Idaho Supreme Court · 1909
  5. Withers v. Bank of Commerce & Trust Co.Mississippi Supreme Court · 1913

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