Duke v. Shackleford
Mississippi Supreme Court
Error to the Circuit Court of Yalobusha County. Hon. J. W. C. Watson, Judge. On December 7, 1876, W. C. Shackleford sold to Mary C. Dellahite an engine, boiler, saw, and gearing, for $725, of which $500 was paid cash, and for the balance the following note given: — “$225. On or before the 1st day of January, 1878, I promise to pay W. C. Shackleford, or bearer, two hundred and twenty-five dollars, bearing 10 per cent interest after maturity; being balance due on engine,…
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Error to the Circuit Court of Yalobusha County. Hon. J. W. C. Watson, Judge. On December 7, 1876, W. C. Shackleford sold to Mary C. Dellahite an engine, boiler, saw, and gearing, for $725, of which $500 was paid cash, and for the balance the following note given: — “$225. On or before the 1st day of January, 1878, I promise to pay W. C. Shackleford, or bearer, two hundred and twenty-five dollars, bearing 10 per cent interest after maturity; being balance due on engine, boiler, cut-off saw, and gearing sold me this day by the said W. C. Shackleford; title to said machinery being retained by…
1Opinion of the CourtChalmers, J.
By the terms of the written contract, the title of the property remained in the vendor until payment in full of the *554note given for the deferred payment. The effect of the contract, therefore, was to leave the right of property in the seller, and to give the right of possession, until default made in payment, to the purchaser. Coupled with this right of possession was also the right in the purchaser to obtain title by-payment of the price. But the period of payment having arrived, and default having been made, his right of possession terminated, and the vendor, who had all the while remained…
2Cases cited8 opinions
- Snodgrass v. HuntIndiana Supreme Court · 1860
- Little v. PageSupreme Court of Missouri · 1869
- Zuchtmann v. RobertsMassachusetts Supreme Judicial Court · 1871
- Ketchum v. BrennanMississippi Supreme Court · 1876
- Sumner v. McFarlanSupreme Court of Kansas · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
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- Ross-Meehan Brake Shoe Foundry Co. v. Pascagoula Ice Co.Mississippi Supreme Court · 1895
- Bergeman v. Indianapolis & St. Louis RailroadSupreme Court of Missouri · 1890
- Dederick v. WolfeMississippi Supreme Court · 1891
- Mohler v. Guest Piano Co.Supreme Court of Iowa · 1919
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