Davis v. Hamilton
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. E. W. Cabaniss, Chancellor. The facts in the case are substantially stated in the opinion of the court.
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Appeal from the Chancery Court of Hinds County. Hon. E. W. Cabaniss, Chancellor. The facts in the case are substantially stated in the opinion of the court. If it was the intention of O. D. Hamilton to defraud whoever might become the purchaser of the lands under the execution sale in his favor, he thereby forfeited all right to enforce his lien as vendor of these lands as against such purchaser at the execution sale, and all right to the aid of a court of equity for any of the relief prayed for in the original bill. This is fully sustained by the high court to the following effect: Before a…
1Opinion of the CourtPeyton, C. J.
This is an appeal from a decree of the- chancery court of Hinds ■county, subjecting certain lands in said county to the payment of the consideration money under a lien reserved in the deed of conveyance. The facts of the case are substantially as follows: On the 22d day of May, 1860, one Charles D. Hamilton sold and conveyed to John Evans a certain tract of land situated as above stated in said county of Hinds for the sum of $21,079.60, and to *219secure the payment of the purchase money, the said Evans executed and delivered to said Hamilton his four promissory notes, bearing even date with the…
2Cases cited4 opinions
- Jackson ex dem. Ireland v. HullNew York Supreme Court · 1813
- Carpenter v. BowenMississippi Supreme Court · 1868
- Kelly v. MillsMississippi Supreme Court · 1866
- Stratton v. GoldMississippi Supreme Court · 1866
3Cited by1 opinion
- Bever v. BeverIndiana Supreme Court · 1895