Bolton v. Roebuck
Mississippi Supreme Court
Fbom: the circuit court of Pontotoc county. 'PIoN. EugeNe O. Sykes,. Judge. Bolton, the appellant, was plaintiff in the court below; Roebuck, the appellee, was defendant there. The facts are stated in the opinion of the court. In ejectment, only the legal title is involved, and equitable defenses are inadmissible. Morgan v. Blewitt, 72 Miss., 903; Edwards v. Edwards, 15 So.
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Fbom: the circuit court of Pontotoc county. 'PIoN. EugeNe O. Sykes,. Judge. Bolton, the appellant, was plaintiff in the court below; Roebuck, the appellee, was defendant there. The facts are stated in the opinion of the court. In ejectment, only the legal title is involved, and equitable defenses are inadmissible. Morgan v. Blewitt, 72 Miss., 903; Edwards v. Edwards, 15 So. Rep., 42. The vendee under an executory contract cannot defeat ejectment by the vendor, even though all of the purchase money has been paid, because he has not a legal title. Collins v. Doe, 33 Ala., 91; Nicldes v.…
1Opinion of the CourtCaliiooN, J.
Roebuck bought some land from Mrs. Selina Huntington, the common source of title in this action of ejectment, and took from her a bond for title .in 1885, and went on the land and has been in possession of it ever since. The purchase price was eight bales of botton, two to be paid each year for four years, and he was generally short in his payments. Mrs. Huntington, and her heirs after her death, seem to have dealt somewhat loosely, though kindly, with him, and it seems that it was agreed in 1894 between him and the heirs of Mrs. Huntington that he still owed $75 on his purchase.
On January…
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