Lobdell v. Mason
Mississippi Supreme Court
From the circuit court of Bolivar county. IIon. B. W. Williamson, Judge. The case is stated in the opinion. Under § 1292, code 1880, no action is maintainable on a contract for the sale of lands or a lease for more than one year, unless the same is in writing, signed by the party to be bound, or by some person “thereunto lawfully authorized.” Section 1180 requires the authority to be in writing and acknowledged or proved.
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From the circuit court of Bolivar county. IIon. B. W. Williamson, Judge. The case is stated in the opinion. Under § 1292, code 1880, no action is maintainable on a contract for the sale of lands or a lease for more than one year, unless the same is in writing, signed by the party to be bound, or by some person “thereunto lawfully authorized.” Section 1180 requires the authority to be in writing and acknowledged or proved. The decision in Curtis v. Blair, 20 Miss., 309, is not applicable, for when it was made there was no statute requiring the agent’s authority to be in writing. Section 1188,…
1Opinion of the CourtCooper, J.
The appellants, who are the heirs at law of Mrs. E. J. Parkinson, brought this action of unlawful and forcible entry and detainer against the appellee to recover possession of the lands described in their petition. The case was tried by the judge on an agreed state of facts, and, from a judgment in favor of the defendant, the plaintiffs appealed. From the agreed facts it appears that, in February, 1892, C. S. Lobdell, having verbal, but no written, authority from Mrs. Pai’kinson, executed to Mr. Mason a lease of the plantation of Mrs. Parkinson, of which the demanded lands were a part, for…
2Cases cited6 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Groff v. RamseySupreme Court of Minnesota · 1872
- Curtis v. BlairMississippi Supreme Court · 1853
- McCorkle v. YarrellMississippi Supreme Court · 1878
- Morrow v. HigginsSupreme Court of Alabama · 1856
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3Cited by6 opinions
- Cook v. SmithMississippi Supreme Court · 1919
- Hopper v. McAllumMississippi Supreme Court · 1905
- Home Mutual Building & Loan Ass'n v. LeonardMississippi Supreme Court · 1899
- Hutchinson v. PlattMississippi Supreme Court · 1919
- Hytken v. BiancaMississippi Supreme Court · 1939
1 more not listed; retrieve them via the Exa API.