Hawkins v. Coleman
Mississippi Supreme Court
On September 12, 1875, appellee deeded to Mrs. Matt E. B. Hawkins a tract of eigjity acres of land for a consideration of $600, and on January 24, 1884, filed a bill in the Chancery Court of Marshall county, charging that for divers acts, of deceit on the part of Wm.
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On September 12, 1875, appellee deeded to Mrs. Matt E. B. Hawkins a tract of eigjity acres of land for a consideration of $600, and on January 24, 1884, filed a bill in the Chancery Court of Marshall county, charging that for divers acts, of deceit on the part of Wm. B. Hawkins, husband of the said Matt E-. B. Hawkins, she was induced to execute said deed, upon his promise-to make payment for the land, or a full settlement by way of accounts rendered between complainant and W. B. Hawkins. In 1870 this land was sold to W. Bi. Hawkins, by the late husband of complainant, for which notes were…
1Opinion of the Court 1
Opinion
2Opinion of the Court · CampbellCampbell, J.
The gravamen of the bill is the charge that the deed made on the 12th September, 18Y5, was executed under such circumstances as entitled the complaint to have it vacated. It is the lien in her way, and until destroyed effectually stops her progress. Hence the assault upon the deed, which is alleged to have been obtained by fraudulent devices and assurances' on the part, of Hawkins, who thereby obtained an unfair advantage of the complainant, which he has used unconscionally to her detriment. The truth of this averment is the gist of the controversy. We have fully considered the…
3Cases cited4 opinions
- Memphis & Charleston Railroad v. NeighborsMississippi Supreme Court · 1875
- Day v. DavisMississippi Supreme Court · 1886
- McInnis v. Wiscassett MillsMississippi Supreme Court · 1900
- Weir v. JonesMississippi Supreme Court · 1904