Legal Opinion

Cummings v. Oglesby

Mississippi Supreme Court

Decided April 15, 1874PublishedCited by 8 opinions

Appeal from the Chancery Court of Panola County. Hon. J. 3?. Simmons, Chancellor. The opinion of the court contains a sufficient statement of the •case. contended that the note formed no part of the consideration for the land and was, therefore, not a lien upon it. It is always competent to show the true consideration, and even a different one from that expressed on the face of an instrument. 3 Pars.

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Appeal from the Chancery Court of Panola County. Hon. J. 3?. Simmons, Chancellor. The opinion of the court contains a sufficient statement of the •case. contended that the note formed no part of the consideration for the land and was, therefore, not a lien upon it. It is always competent to show the true consideration, and even a different one from that expressed on the face of an instrument. 3 Pars. Cont. {5th ed.), 14. Smith on Contracts (4th ed.), 43. Our statute does not require the consideration to be expressed ; hence it is not a violation of the statute of frauds to show the true…

1Opinion of the CourtSiMrall, J.

Jackson sold to Cummings a quarter section, on the 17th of January, 1870, retaining the title until payment of the purchase money.

The controversy grows out of the connection of Oglesby with *155the sale, and with the assignment of the first note for $1,200 to him. It is contended by the appellants, that Oglesby advanced the first payment on the land, and took the note of Cummings, with Jackson’s indorsement without recourse, as a memorandum, or evidence of Cummings’ indebtedness to him, for the money advanced for him to Jackson, thereby disconnecting that note from the land trade, as representing…

2Cases cited1 opinion

  1. Pitts v. ParkerMississippi Supreme Court · 1870

3Cited by8 opinions

  1. Felton v. SmithIndiana Supreme Court · 1882
  2. Farmers Loan & Trust Co. v. BeckleyTexas Supreme Court · 1900
  3. Lamm v. ArmstrongSupreme Court of Minnesota · 1905
  4. Schmertz v. HammondWest Virginia Supreme Court · 1900
  5. Kimble v. WotringWest Virginia Supreme Court · 1900

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