Hicks v. Sullivan
Mississippi Supreme Court
Appeal from chancery court of Sunflower county. Hon. E. N. Thomas, Chancellor. Bill by Ben Hicks against Luther Sullivan and wife, to enforce a vendor's lien. From a decree dismissing the bill, the plaintiff appeals. The defendants below rested their case solely on the testimony of Mr. J. B. Small, which was to the effect that he heard a conversation between complainant and Luther Sullivan and that complainant agreed to pay off this lien.
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Appeal from chancery court of Sunflower county. Hon. E. N. Thomas, Chancellor. Bill by Ben Hicks against Luther Sullivan and wife, to enforce a vendor's lien. From a decree dismissing the bill, the plaintiff appeals. The defendants below rested their case solely on the testimony of Mr. J. B. Small, which was to the effect that he heard a conversation between complainant and Luther Sullivan and that complainant agreed to pay off this lien. Mr. Small’s testimony was introduced over the objection of complainant below where Mr. Small, in answer to interrogatory number five, undertook to testify…
1Opinion of the Court
Smith, C. J.,
delivered tbe opinion of tbe court.
The appellant exhibited an original bill in tbe court below against tbe appellees, who are husband and wife, to establish and enforce a vendor’s lien on certain land conveyed by him to the appellee, Cora Sullivan. The case was heard upon bill, answer, and proof, resulting in a decree dismissing the bill. The bill alleged in substance that the land was conveyed by the appellant to Cora Sullivan by deed reciting a cash consideration of five hundred dollars, but that the real consideration was the conveyance to the complainant by Luther Sullivan of…
2Cases cited1 opinion
- Martin v. ParteeMississippi Supreme Court · 1920
3Cited by2 opinions
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