Clopton v. Bolton
Mississippi Supreme Court
This is an appeal from the circuit court of Marshall county; Hon. Hugh R. Miller, judge. The facts of the case are given in the opinion of the court. Cited Wadlington v. Hill, 10 S. & M. 560; Peques v. Mosby, 7 lb. 340; 1 Peters, 461; 2 Iredell, 297; 7 How. 172. Cited Hagemm v. Sharkey, 1 How. 277; Leftwick v. Coleman, 3 lb. 167; Fedor v. Price, 3 lb. 320 ; 1 lb. 341; 6 S. & M. 294; Colemcm v. Rowe, 5 How. 160; Grew v. Finucane, 5 lb. 572.
1Opinion of the CourtJustice Clayton
‘This was an action brought upon two writings obligatory, payable twelve and twenty-four months after date, given for the purchase of a tract of land. The defendant pleaded that fact, and that the plaintiff, at the time of the contract, executed a bond to make title when the purchase-money should be fully paid, and that the plaintiff did not, before the bringing of this suit, tender a deed to the defendant for the land. On this plea the point presented is, whether this action can be sustained because of the failure to tender a deed before the suit brought. In our opinion it constitutes no…
2Cited by5 opinions
- Robinson v. HarbourMississippi Supreme Court · 1869
- McMath v. JohnsonMississippi Supreme Court · 1867
- Bowen v. BaileyMississippi Supreme Court · 1869
- Hodges v. MooreMississippi Supreme Court · 1912
- Sadler v. BowlesMississippi Supreme Court · 1869