Withers v. Bank of Commerce & Trust Co.
Mississippi Supreme Court
Appeal from tlie chancery court of Tunica county. Hon. M. E. Denton, Chancellor. Suit by the heirs of W. Q. Robley against Sterling A. Withers and the Bank of Commerce & Trust Company, in which Sterling A. Withers filed a cross-bill, praying for an accounting between himself and the Bank of Commerce & Trust Company. Prom a decree sustaining a demurrer to the cross-bill, Withers appeals. The facts are fully stated in the opinion of the court.
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Appeal from tlie chancery court of Tunica county. Hon. M. E. Denton, Chancellor. Suit by the heirs of W. Q. Robley against Sterling A. Withers and the Bank of Commerce & Trust Company, in which Sterling A. Withers filed a cross-bill, praying for an accounting between himself and the Bank of Commerce & Trust Company. Prom a decree sustaining a demurrer to the cross-bill, Withers appeals. The facts are fully stated in the opinion of the court. The question involved in this case presents, as we contend, the strongest possible case for equitable relief. Here the Memphis Trust Company, having a…
1Opinion of the CourtSmith, C. J.
This cause, or rather one feature thereof, was passed upon by this court once before, and will be found reported under the name of Robley v. Withers, 95 Miss. *701318, 51 South. 719. The facts material to the present controversy may be stated as follows:
On January 15,1900, Austin Miller sold to W. Q. Bobley a plantation situated in Tunica county for the recited consideration of thirty-two thousand seven hundred dollars, of which two thousand seven hundred dollars was paid in cash, and Bobley gave to Miller six notes, of five thousand dollars each, maturing in one, two, three, four, five, and…
2Cases cited5 opinions
- Brooks v. BlackMississippi Supreme Court · 1890
- Allen v. MillerMississippi Supreme Court · 1910
- Phipps v. TarpleyMississippi Supreme Court · 1856
- White v. TuckerMississippi Supreme Court · 1876
- Robley v. WithersMississippi Supreme Court · 1909
3Cited by2 opinions
- Staton v. HenryMississippi Supreme Court · 1922
- Richmond Fairfield Ry. Co. v. United States Housing Corp.Court of Appeals for the D.C. Circuit · 1934