Walton v. Tusten
Mississippi Supreme Court
Appeal from the chancery court of Leflore county. Hon. J. J. HookeR, Chancellor. The opinion of the court contains a sufficient statement of the case. If the complainant cannot recover on his pleadings and exhibits, admitting them to be true, of course he cannot recover on his testimony. He cannot make, by his proof, a stronger case than he has charged in bis pleadings.
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Appeal from the chancery court of Leflore county. Hon. J. J. HookeR, Chancellor. The opinion of the court contains a sufficient statement of the case. If the complainant cannot recover on his pleadings and exhibits, admitting them to be true, of course he cannot recover on his testimony. He cannot make, by his proof, a stronger case than he has charged in bis pleadings. Toulmin. v. Heidelberg, 32 Miss., 268. So in proving that the land was entered by French, in his own name, complainants do not still affect respondent’s right under their bill to defeat their claim to the half which…
1Opinion of the CourtSimeall, J.
' This suit in chancery was brought by the complainants, appellees in this court, to vacate and cancel certain deeds, under which the defendant, Thomas Walton, the appellant, claimed title to the quarter section of land therein mentioned.
The complainants allege their title to be as follows; Eli Waites and Lebbeus French were partners in the purchase and sale of land; of the lands, “ so bought, held, and sold by said partnership,” was the quarter section in dispute. Each member of the firm was authorized to sell and convey lands belonging to the firm. On the 18th of June, 1851, “ French, in…
2Cases cited4 opinions
- Chapin v. PeaseSupreme Court of Connecticut · 1834
- Randall v. PhillipsU.S. Circuit Court for the District of Rhode Island · 1824
- Grider v. GrahamCourt of Appeals of Kentucky · 1815
- Sweet v. TinslarNew York Supreme Court · 1867
3Cited by11 opinions
- Tyler v. TylerIllinois Supreme Court · 1888
- Davis v. SittigTexas Supreme Court · 1886
- McCausland v. RalstonNevada Supreme Court · 1877
- Sawtelle v. WeymouthWashington Supreme Court · 1896
- Hart v. BloomfieldMississippi Supreme Court · 1888
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