Cummings v. Oglesby
Mississippi Supreme Court
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
- Pitts v. ParkerMississippi Supreme Court · 1870
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