Johnson v. Johnson
Mississippi Supreme Court
From the circuit court of Pontotoc county. This was an action of ejectment. One Sappington purchased the land upon a credit from J. L. Johnson, defendant, and the purchase money was secured by a deed of trust on the land, given by Sappington to his vendor. Sappington afterwards sold the land to F. E. Johnson, the plaintiff, and still later the land was sold under defendant’s deed of trust; and the defendant, having purchased at the trustee’s sale, took possession.
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From the circuit court of Pontotoc county. This was an action of ejectment. One Sappington purchased the land upon a credit from J. L. Johnson, defendant, and the purchase money was secured by a deed of trust on the land, given by Sappington to his vendor. Sappington afterwards sold the land to F. E. Johnson, the plaintiff, and still later the land was sold under defendant’s deed of trust; and the defendant, having purchased at the trustee’s sale, took possession. The question on the trial was, whether the purchase money for the lands, secured by the deed of trust, had been paid before the…
1Opinion of the Court
.Whitfield, J.,
delivered the opinion of the court.
The testimony of R. R. Jones would undoubtedly be competent ordinarily, as the authorities cited in the brief of learned counsel for appellant abundantly demonstrate. See, also, Graham v. Busby, 34 Miss., 272. But we do not think it competent in this case, because its effect would have been to contradict the clear terms of the express written contract, for what is called the receipt in this case is more than a receipt. It is a receipt and a contract, and the clause as to the appropriations of the money (1417.75), “to be placed to his land…
2Cases cited4 opinions
- Henry v. HenryIndiana Supreme Court · 1858
- Dale v. EvansIndiana Supreme Court · 1860
- Graham v. BusbyMississippi Supreme Court · 1857
- Swann v. Southern Express Co.Mississippi Supreme Court · 1876
3Cited by2 opinions
- Orgill Bros. & Co. v. PolkMississippi Supreme Court · 1929
- Carter v. American Fruit Growers, Inc.Supreme Court of South Carolina · 1926