Ellis v. Ward
Mississippi Supreme Court
Error, from the district chancery court of Holly Springs ; Hon. Henry Dickinson, vice-chancellor. John R. Ward filed a bill in the district chancery court at' Holly Springs, against Albert G. Ellis, charging that on the-10th day of December, 1839, Joseph I. McGee purchased from. the board of police of Ponola county, part of lot No. 10, in Block No. 7, in the town of Ponola, at the price of two hundred and eighty dollars, ten per cent, of which amount was paid in cash, and…
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Error, from the district chancery court of Holly Springs ; Hon. Henry Dickinson, vice-chancellor. John R. Ward filed a bill in the district chancery court at' Holly Springs, against Albert G. Ellis, charging that on the-10th day of December, 1839, Joseph I. McGee purchased from. the board of police of Ponola county, part of lot No. 10, in Block No. 7, in the town of Ponola, at the price of two hundred and eighty dollars, ten per cent, of which amount was paid in cash, and McGee’s two notes for one hundred and twenty-six dollars each, payable at one and two years, were given for the balance,…
1Opinion of the CourtJustice Clayton
One of the points in this cause is settled by Goodwin v. Anderson, 5 S. & M. 730. The principal point now in controversy, grows out of a question, as to the competency of a witness. One McGee sold a house and lot in Ponola, to Ward, and assigned him a title bond which he held for it, without any covenant on his part. Ellis purchased the lot, under an execution in his own favor, at sheriff’s sale. In a contest between him and Ward, the deposition of McGee was taken, by Ellis, to prove that the sale made by him to Ward was without consideration, and in fraud of his creditors.
It is urged,' in…
2Cases cited1 opinion
- Rea v. SmithNew York Supreme Court · 1838