Winton v. Day
Mississippi Supreme Court
From: the chancery court of Scott county. HoN. James L. McCaseiel, Chancellor. Day, appellee, was complainant in the court below; Winton, appellant, was defendant there. From a decree in complainant’s favor defendant appealed to the supreme court.
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From: the chancery court of Scott county. HoN. James L. McCaseiel, Chancellor. Day, appellee, was complainant in the court below; Winton, appellant, was defendant there. From a decree in complainant’s favor defendant appealed to the supreme court. The suit was for the specific performance of an executory contract for the sale of lands and presented the question whether appellant, who was defendant below, can be required to accept title to lands sold to the state for taxes July 6, 1868, for the taxes of 1867; appellant being under contract to accept only perfect title to the lands contracted…
1Opinion of the Court
Mayes, J.,
delivered tlie opinion of tlie court.
This suit was begun in tbe chancery court of Scott county, and is called a proceeding to specifically perform a contract. A demurrer was filed to tbe bill of complaint, and overruled by tbe ■chancellor, and tbe cause appealed here.
As a bill for specific performance this proceeding is a novelty; but, since it seems to have been the purpose of tbe litigating parties to invite tbe court to pass upon tbe constitutionality of chapter 121, p. 130, of tbe Laws of 1908, and tbe questions raised by tlie demurrer are wholly addressed to tbe validity of the…
2Cited by6 opinions
- Hart v. BackstromMississippi Supreme Court · 1927
- Giles v. City of BiloxiMississippi Supreme Court · 1959
- State v. RoellMississippi Supreme Court · 1942
- Slay v. LoweryMississippi Supreme Court · 1928
- State v. Southern Pine Co.Mississippi Supreme Court · 1949
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