Legal Opinion

Mitts v. Price

Mississippi Supreme Court

Decided March 15, 1922No. 22672PublishedCited by 5 opinions

Appeal from cluuicery court of Lauderdale county. Hon. (t. C. Tank, Chancellor. Bill by Mrs. Annie B. Price, against P. W. Mitts. Decree for plaintiff, and defendant appeals. The court erred in overruling the demurrer for the appellant to original bill filed by appellee.

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Appeal from cluuicery court of Lauderdale county. Hon. (t. C. Tank, Chancellor. Bill by Mrs. Annie B. Price, against P. W. Mitts. Decree for plaintiff, and defendant appeals. The court erred in overruling the demurrer for the appellant to original bill filed by appellee. This demurrer should have been sustained for several reason, chief among which' are as MIoavs: (a) It is apparent from the face of the bill that the appellee’s rights, if any, were barred by the statute of limitations. (b) - This contract was entered into on the 25th day of April, 1914, and the bill was not filed in this case…

1Opinion of the CourtCook, J.

On April 14, 1921, Mrs. Annie B. Price, appellee, exhibited her bill in the chancery court of Lauderdale county against F. W. Mitts, appellant, seeking to recover of appellant two diamond rings by virtue of a certain contract made and entered into between these parties on the 25th day of April, 1914, and praying in the alternative for a de*560cree against appellant tor the then market value of tlie rings, less the amount due appellant by appellee under the terms of this contract. The chancellor rendered a decree ordering appellant to deliver the rings to appellee, and, in the event he failed to…

2Cases cited4 opinions

  1. Echols v. New Orleans, Jackson & Great Northern RailroadMississippi Supreme Court · 1876
  2. Hall v. Eastman, Gardiner & Co.Mississippi Supreme Court · 1906
  3. Magee v. CatchingMississippi Supreme Court · 1857
  4. Burroughs v. GillilandMississippi Supreme Court · 1907

3Cited by5 opinions

  1. Creely v. HosemannMississippi Supreme Court · 2005
  2. Magee v. Mercantile-Commerce Bank & Trust Co.Supreme Court of Missouri · 1939
  3. Reichman-Crosby Co. v. StoneMississippi Supreme Court · 1948
  4. Andrew Earl Creely, Sr. v. C. Delbert Hosemann, Jr.Mississippi Supreme Court · 2003
  5. Beverly Quick v. Dan A. McIntosh, IIICourt of Appeals of Mississippi · 2019

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