Money v. Ricketts
Mississippi Supreme Court
Appeal from the Chancery Court of Carroll County. Hon. E. W. Williamson, Chancellor. In March, 1874, Charles Kent and his wife, Adelia Kent, sold a certain tract of land to S. J. Kent. A part of the purchase-money was paid in cash, and for the balance they took S. J. Kent’s promissory note for six hundred and twenty-five dollars, payable on the 1st of January, 1875, to Adelia Kent or bearer.
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Appeal from the Chancery Court of Carroll County. Hon. E. W. Williamson, Chancellor. In March, 1874, Charles Kent and his wife, Adelia Kent, sold a certain tract of land to S. J. Kent. A part of the purchase-money was paid in cash, and for the balance they took S. J. Kent’s promissory note for six hundred and twenty-five dollars, payable on the 1st of January, 1875, to Adelia Kent or bearer. Charles Kent and wife conveyed the land to S. J. Kent, but expressly reserved in the deed the vendor’s lien to secure payment of the vendee’s note. In 1878 S. J. Kent and Charles Kent being each…
1Opinion of the CourtCooper, J.
S. J. Kent, by his declaration to Ricketts that the title to the land in controversy was in Charles Kent and wife, and by procuring Ricketts to buy and accept their title, was estopped from setting up his own title as against that thus acquired. The statute of frauds has no application, for the conveyance from Charles Kent and wife was by proper deed, and though they had no title, S. J. Kent was precluded from asserting that fact. Dickson et al. v. Green, 24 Miss. 612; Nixon’s Heirs v. Carco’s Heirs, 28 Miss. 414; Vicksburg, etc., R. R. Co. v. Ragsdale, 54 Miss. 200; Staton v. Bryant, 55…
2Cases cited3 opinions
- Nixon's Heirs v. Cargo's HeirsMississippi Supreme Court · 1854
- Vicksburg & Meridian Railroad v. RagsdaleMississippi Supreme Court · 1876
- Dickson v. GreenCourt of Appeals of Mississippi · 1852
3Cited by4 opinions
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Russell v. ScarboroughMississippi Supreme Court · 1929
- Breland v. ParkerMississippi Supreme Court · 1928
- Gentry v. GamblinMississippi Supreme Court · 1901