Mosby v. Wall
Mississippi Supreme Court
In error from the northern district chancery court at Holly Springs; Hon. Henry Dickinson, vice-chancellor. The facts of the case are sufficiently stated in the opinion of the court. Cited 1 Ves. 317; 6 lb. 333; Gillespie & wife v. Moore, Johns. Ch. R. 585; 1 Phil. Ev. 576; 7 S. & M. 346. Cited 6 Wheat. 453-468; 9 Cranch, 160; 1 Hen. & M. 537; 5 Mum. 183, 184; 1 Phil. Ev. 115; 3 Verm. R. 272; 10 Yerg. 115; 9 Ves. 275; 2 Johns.
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In error from the northern district chancery court at Holly Springs; Hon. Henry Dickinson, vice-chancellor. The facts of the case are sufficiently stated in the opinion of the court. Cited 1 Ves. 317; 6 lb. 333; Gillespie & wife v. Moore, Johns. Ch. R. 585; 1 Phil. Ev. 576; 7 S. & M. 346. Cited 6 Wheat. 453-468; 9 Cranch, 160; 1 Hen. & M. 537; 5 Mum. 183, 184; 1 Phil. Ev. 115; 3 Verm. R. 272; 10 Yerg. 115; 9 Ves. 275; 2 Johns. Ch. R. 94; 1 WTash. 225; 1 Mum. 373-395; 2 Johns. Ch. R. 62-89; 1 Story’s Eq. Jur. 164, 165; 3 S. & M. 67; 7 lb. 346 ; 3 lb. 712; 2 Johns. Ch. R. 593.
1Opinion of the CourtJustice Calyton
This is a case between the same parties, and in regard to the same contract with that of Peques v. Mosby & Kyle, 7 S. & M. 346. That was a suit at law, and the plaintiff failed therein, because the remedy was in equity. This is a bill filed to have the mistake made in drawing the title-bond corrected, and to obtain a decree for the sale of the premises, to satisfy the balance due upon the notes given for the purchase-money. The court below made a decree in conformity with the prayer of the bill. From this decree the defendants appealed. The defence is made principally by Kyle, who contends…
2Cited by17 opinions
- Greenup v. CrooksIndiana Supreme Court · 1874
- State Ex Rel. Rice v. StewartMississippi Supreme Court · 1938
- Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.New York Court of Appeals · 1896
- Hartford Fire Ins. Co. v. Associates Capital Corp.Mississippi Supreme Court · 1975
- Brimm v. McGeeMississippi Supreme Court · 1918
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