Dodge v. Evans
Mississippi Supreme Court
Error to the chancery court of Harrison county. Hancock, J, ' Appellant assigned the following error: The court erred in sustaining the demurrer of the defendants to the complainant’s bill.
Read the full summary
Error to the chancery court of Harrison county. Hancock, J, ' Appellant assigned the following error: The court erred in sustaining the demurrer of the defendants to the complainant’s bill. It appears from the bill of complaint that appellant sold to Wesley G. Evans, one of the-appellees, the tract of landmentioned in the pleadings, and made a ' deed of conveyance thereof on the 25th -of January, 1860, which was filed as Exhibit A. The sale was made for $900 in three equal payments, to be made respectively on the 1st of May, 1860, on the 1st of January, 1861, and on the 1st of January, 1862 ;…
1Opinion of the Court
Simrall, J.:
Samuel 0. Dodge exhibited his bill in chancery against Evans and Adams, asserting a lien on land, against Adams, as the sub-vendee of Evans. The defendants demurred, which was sustained, and the bill was dismissed; and this is assigned for error. The important question raised in the record is, whether under the allegations of the bill the complainant is entitled to any relief.
In framing the bill, the pleader most probably supposed that because the promissory notes for the several installments of the purchase money, referred to the land and. the deed, that thereby was raised or…
2Cases cited2 opinions
- Yates v. PeopleNew York Supreme Court · 1810
- Brewer v. StorySupreme Court of Vermont · 1828
3Cited by5 opinions
- Craig v. WoodsMississippi Supreme Court · 1941
- Baker v. GriffinMississippi Supreme Court · 1874
- Bell v. Clark, Hood & Co.Mississippi Supreme Court · 1893
- Pinellas Packing Co. v. Clearwater Citrus Growers' Ass'nSupreme Court of Florida · 1918
- Bryan v. BryanMississippi Supreme Court · 1975