Gibson v. Newman
Mississippi Supreme Court
ERROR to the Warren circuit court. This suit was instituted on two writings obligatory given, with one other before paid, to secure payment of the purchase money of a lot in the town of Vicksburg. The defendant below pleaded two special pleas in bar. The pleas alleged, that the plaintiff below promised to make a good, unincumbered, indefeasible title, to said lot of ground.
Read the full summary
ERROR to the Warren circuit court. This suit was instituted on two writings obligatory given, with one other before paid, to secure payment of the purchase money of a lot in the town of Vicksburg. The defendant below pleaded two special pleas in bar. The pleas alleged, that the plaintiff below promised to make a good, unincumbered, indefeasible title, to said lot of ground. That the defendant had paid one of said notes, and had always been ready to pay the others, but that the plaintiff would not make titles. The plea concluded with averring a demand, and a refusal of conveyance. The pleas…
1Opinion of the CourtChief Justice Shaekev
Newman instituted this suit on two writings obligatory for the sum of 600 dollars, to which Gibson pleaded two special pleas in bar. First, that the writings obligatory were given to secure purchase money agreed to be giyen for a lot in the town of Vicksburg, to which the plaintiff below represented, ■ that he had a good, unincumbered, indefeasible title, and agreed and promised, that if defendant would execute his notes for 18.00 dollars, payable in three annual instalments, he would make to him a good and complete title to the lot, free from all incumbrances. That *346the defendant confided in…
2Cases cited3 opinions
- Wallingford v. HearlMassachusetts Supreme Judicial Court · 1819
- Saunders v. Beal's administratorCourt of Appeals of Kentucky · 1816
- Mason v. ChambersCourt of Appeals of Kentucky · 1823