Desearn v. Babers
Mississippi Supreme Court
Appeal from the Chancery Court of Wilkinson County. Hon. Lauch McLaurin, Chancellor. The bill in this cause, filed on the 1st day of April, 1884, by D. Babers against James Desearn, alleges in substance the following facts: The complainant was a merchant and the defendant a planter, and the latter bought plantation supplies and merchandise from the former during the years 1877-8-9, and in May, 1880 gave his note to the complainant for one thousánd six hundred and twenty-one…
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Appeal from the Chancery Court of Wilkinson County. Hon. Lauch McLaurin, Chancellor. The bill in this cause, filed on the 1st day of April, 1884, by D. Babers against James Desearn, alleges in substance the following facts: The complainant was a merchant and the defendant a planter, and the latter bought plantation supplies and merchandise from the former during the years 1877-8-9, and in May, 1880 gave his note to the complainant for one thousánd six hundred and twenty-one dollars and thirty-seven cents in settlement of his indebtedness up to the 1st of January, 1880. During the year 1880…
1Opinion of the CourtCampbell, C. J.
The equity of the bill in its first and main aspect is fully met and completely overthrown by the answer which was filed on the 5th September, 1884, and although the motion to dissolve was not heard until more than four months afterward, the bill was supported only by the affidavits of the complainant and his two clerks, Davis and Norman, all of whom were witnesses in the trials at law, while the answer is supported by the testimony of the defendant and Cage, who were witnesses in the trial at law.
On this branch of the case it stood before the Chancellor precisely as it was before the jury in…
2Cases cited1 opinion
- Condon v. ShehanMississippi Supreme Court · 1872
3Cited by1 opinion
- Chandler v. CookeMississippi Supreme Court · 1931