W. L. Robinson Co. v. Weathersby
Mississippi Supreme Court
Appeal from the circuit court of Amite county. Hon. M. H. Wilkinson, Judge. Suit by R. L. Weathersby and another against W. L. Robinson Company. Prom a judgment for plaintiff, defendant appeals. On December 2, 1907, Weathersby Bros., who were the owners of land in Amite county, Mississippi, agreed to sell and executed bond for title to T. S. McGehee.
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Appeal from the circuit court of Amite county. Hon. M. H. Wilkinson, Judge. Suit by R. L. Weathersby and another against W. L. Robinson Company. Prom a judgment for plaintiff, defendant appeals. On December 2, 1907, Weathersby Bros., who were the owners of land in Amite county, Mississippi, agreed to sell and executed bond for title to T. S. McGehee. The instrument recites that the obligors bind themselves for a consideration of two thousand, five hundred dollars, to be paid in five equal annual installments, beginning January 1, 1909, for which notes are given, to convey the land in question…
1Opinion of the Court
McLean, J.,
delivered the opinión of the court.
Appellant fails to discriminate between the well-marked and well-defined distinction of the relations existing between vendor and vendee, where an absolute conveyance is made, and where only a bond for title, an executory contract, an agreement to convey upon the payment of the purchase money, is entered into. In the former instance — that is, where thé land is conveyed by deed — the vendee becomes the actual owner of the land; and, being the owner, he is entitled to the possession, and the vendor has no longer any title or estate *732in the land. All…
2Cases cited3 opinions
- Maynard v. CockeMississippi Supreme Court · 1893
- Bacon v. HowellMississippi Supreme Court · 1882
- Flowers-Carruth Co. v. MoyseMississippi Supreme Court · 1909
3Cited by1 opinion
- Wood v. MorathMississippi Supreme Court · 1921