Kyle v. Rhodes
Mississippi Supreme Court
From the chancery court of Tunica county. Hon. W. R. Trigg, Chancellor. The appellee, Maggie L. Rhodes, filed this bill in February,, 1892, against the appellants, R. C. & W. J. Kyle, seeking specific performance of a contract, which is as follows: “TVe hereby agree, when called upon, to quitclaim to Mrs. M. L. Rhodes that certain piece of land lying north of the Mitch el or Busby place, containing not exceeding forty-seven acres; said described land is bounded on the north…
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From the chancery court of Tunica county. Hon. W. R. Trigg, Chancellor. The appellee, Maggie L. Rhodes, filed this bill in February,, 1892, against the appellants, R. C. & W. J. Kyle, seeking specific performance of a contract, which is as follows: “TVe hereby agree, when called upon, to quitclaim to Mrs. M. L. Rhodes that certain piece of land lying north of the Mitch el or Busby place, containing not exceeding forty-seven acres; said described land is bounded on the north by the south line of Beaver Bam Brake. “R. O. & TV. J. Kyle.” The bill alleges that in 1888 complainant made a verbal…
1Opinion of the CourtWoods, J.
The action of the court below in overruling the demurrer of appellants to the original bill was not error. The written memorandum signed by appellants, whereby they agreed to convey to appellee the' forty-seven acres of land involved in this litigation, is not void for uncertainty. There is no patent defect on the face of the writing. It is not an agreement to couvey any land described by legal subdivisions, but it is a description of the premises agreed to be conveyed by a general reference to designations by which the boundaries of the lot may be made practically certain. It is a general…
2Cases cited1 opinion
- Eggleston v. WatsonMississippi Supreme Court · 1876
3Cited by2 opinions
- Jones v. HicksonMississippi Supreme Court · 1948
- McManus v. WilsonMississippi Supreme Court · 1924