Clayton v. Merrett
Mississippi Supreme Court
Appeal from the Chancery Court of Lee County. Hon. O. H. Whitfield, Chancellor. The opinion of the court contains -a sufficient statement of the case. The following errors are assigned : 1. The court below erred in sustaining the demurrer. 2. In dismissing the bill. 3. In sustaining the demurrer and dismissing the bill. 4. Same. 5. In not allowing complainant to amend his bill.
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Appeal from the Chancery Court of Lee County. Hon. O. H. Whitfield, Chancellor. The opinion of the court contains -a sufficient statement of the case. The following errors are assigned : 1. The court below erred in sustaining the demurrer. 2. In dismissing the bill. 3. In sustaining the demurrer and dismissing the bill. 4. Same. 5. In not allowing complainant to amend his bill. The statute of limitations commenced running in April, 1867. See Code of 1871, § 2162, and Code of 1857, art. 18, p. 401; see, also, Code, 1871, § 1189 ; and Code, 1857, art. 131, p.'457. The note never was under the…
1Opinion of the CourtChalmers, J.
Leroy M. Wiley, a resident of Georgia, intrusted to his agent, James Lrane, of Choctaw county, Miss., a note against G. B. & T. L. Merrett, and with it a deed to be delivered to them on payment of the note. Lrane" placed the note in the hands of Tucker & Green, attorneys, for collection. The attorneys filed a bill and obtained decree for sale of the land, and the *356same was sold by the commissioner appointed for that purpose by the chancery court. The Merretts bought at the sale, paid the purchase money directly to the attorneys, Tucker & Green, and withdrew the deed, which had been previously…
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