Harper v. Lacey
Mississippi Supreme Court
Appeal from the Chancery Court of Scott County. Hon. T. B. Graham, Chancellor. The bill in this cause was filed by W. H. Lacey, as the sole heir of his father, J. B. Lacey, deceased, to enforce specific performance of a bond for title to a certain tract of land, given by J. C. Harper and Lod Moore to J. B. Lacey.
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Appeal from the Chancery Court of Scott County. Hon. T. B. Graham, Chancellor. The bill in this cause was filed by W. H. Lacey, as the sole heir of his father, J. B. Lacey, deceased, to enforce specific performance of a bond for title to a certain tract of land, given by J. C. Harper and Lod Moore to J. B. Lacey. Ann H. Harper, the widow of J. C. Harper (he being dead), and administratrix of his estate, and the children of the decedent, were made parties defendant to the bill. Ann H. Harper demurred to the bill because of the failure to make Lod Moore a party to the suit. The demurrer was…
1Opinion of the CourtCooper, J.
By his bill complainant charges that Harper and Moore entered into a joint bond for title, conditioned to make a conveyance of the land upon the payment of the whole purchase-money, one-half of it to Harper and one-half to Moore. The only averment as to payment is that the one-half of the purchase-money due to Harper had been paid. If a pro confesso had been taken on the bill the complainant would not have been entitled to a final decree thereon, for the conveyance was to be made only upon the payment of all the *8money. It is true the proof shows that as a matter of fact the sum due to Moore…
2Cases cited2 opinions
- Carter, Welsh & Co. v. Lyman, Sears & Co.Mississippi Supreme Court · 1857
- Chaffe v. TaliaferroMississippi Supreme Court · 1880
3Cited by3 opinions
- Baldridge v. StriblingMississippi Supreme Court · 1911
- Cole v. GardnerMississippi Supreme Court · 1890
- Townsend v. KennardMississippi Supreme Court · 1886