Capers v. McCaa
Mississippi Supreme Court
Appeal from tlie Chancery Court of Claiborne County. Hon. James M. Smiley, chancellor. An abstract of the pleadings will be found in the opinion of the court.
Read the full summary
Appeal from tlie Chancery Court of Claiborne County. Hon. James M. Smiley, chancellor. An abstract of the pleadings will be found in the opinion of the court. No testimony was taken in the cause. 1. That the payment of the money of the wife towards the purchase of the land gave her an interest in proportion that the amount paid bears to the purchase-money. 4 Kent, 301 to 310; 2 Maddox, 113 ; 2 Sugden on Vendors, 152 ; 1 Equity Cases, 380; 2 Story’s Equity J. 1201; Adams’ Equity, 165 ; 1 Johns. Ch. R. 450; Rev. Code, 336, arts. 33, 34. It is an interest arising by operation of law, and not…
1Opinion of the CourtHandy, C. J.
This bill was filed by the appellee against the appellants, the widow and heirs-at-law of Bedford E. Capers, deceased, to foreclose a mortgage executed by Capers and wife on a tract of land, as a security for several promissory notes made by Capera *485for the purchase-money of the same tract of land, which was sold and conveyed to him by the appellee. The deed of conveyance from the appellee to Bedford E. Capers, and the mortgage to the appellee, bear the same date. The original amount of the purchase-money was $12,000 ; of which $2,500 was paid in cash, and for the residue four promissory notes…
2Cited by3 opinions
- First Methodist Episcopal Church v. HullSupreme Court of Iowa · 1938
- Hutton v. LawsSupreme Court of Iowa · 1881
- Atkin v. WestfallSupreme Court of Iowa · 1945