Calhoun v. Burnett
Mississippi Supreme Court
Appeal from tbe Chancery Court of Leake county. Hon. E. G. Henry, judge. , contended, 1. That appellees were not bona fide purchasers. The testimony of Holes, and the circumstance attendant upon the sale, and conduct of appellees in secreting and running off the slaves, show that they had notice of the title of appellant. If a party has notice before he has paid the whole purchase money, he cannot claim as a bona, fide purchaser. Wormley v. Wormley, 8 "Wheat.
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Appeal from tbe Chancery Court of Leake county. Hon. E. G. Henry, judge. , contended, 1. That appellees were not bona fide purchasers. The testimony of Holes, and the circumstance attendant upon the sale, and conduct of appellees in secreting and running off the slaves, show that they had notice of the title of appellant. If a party has notice before he has paid the whole purchase money, he cannot claim as a bona, fide purchaser. Wormley v. Wormley, 8 "Wheat. R. 149, 450; Tommlle v. Hadsh, 3 P. Williams’ R. 301. The rule is the same where all the money has been paid without notice, if the…
1Opinion of the CourtEllett, J.
Calhoun filed his bill in the Chancery Court of Leake county, against Francis Burnett, Jordan E. Allen, and others, in which he alleged that R. J. Morgan and W. Morgan, in 1858, executed a deed of trust in the State of Texas, where all the parties resided, and where the property was situated, whereby they conveyed certain land and slaves to ~W. Alexander, as trustee, to secure certain debts due to the complainant; that in February, 1859, R. J. Morgan ran off the slaves from Texas to Leake county, Mississippi, and there sold four of them to defendants Francis Burnett and Allen, for an…
2Cited by6 opinions
- Bunckley v. JonesMississippi Supreme Court · 1901
- Lennartz v. Estate of PoppAppellate Court of Illinois · 1905
- Robinson v. HaydelMississippi Supreme Court · 1936
- Mhoon v. ColmentMississippi Supreme Court · 1875
- Raymond v. CoxNew Jersey Court of Chancery · 1888
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