Legal Opinion

Mitchell v. Shell

Mississippi Supreme Court

Decided October 15, 1873PublishedCited by 1 opinion

Appeal from the chancery court of Chickasaw county, Hon. AustiN PollaRD, Chancellor. The bill alleges, that complainants, intestate, on the 1st day of-,1862, sold to J. S. Shell, the tract of land in controversy, for $966.91, executed the bond for title, and the vendee’s note for the purchase money, due twelve months afterdate, and'died without collecting the note, or making the deed.

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Appeal from the chancery court of Chickasaw county, Hon. AustiN PollaRD, Chancellor. The bill alleges, that complainants, intestate, on the 1st day of-,1862, sold to J. S. Shell, the tract of land in controversy, for $966.91, executed the bond for title, and the vendee’s note for the purchase money, due twelve months afterdate, and'died without collecting the note, or making the deed. Complainant obtained letters of administration, and filed his petition in the probate court, and obtained a decree authorizing him to make a deed to the vendee, in order to tender and collect the purchase money,…

1Opinion of the CourtTakbell, J.

R, L. Shell, deceased, in his life time, to-wit: On the first day of January, 1862, sold a tract of land, described in the record, to Joseph S. Mitchell, for the sum of $966.91, payable in one year from that date, secured by the promissory note of the vendee, the note bearing date January 1,1862, payable January 1,1863, and is not stated to bear interest. The vendee was placed in possession of the land thus sold, and the vendor executed and delivered to the vendee the usual bond for title, on payment of the purchase money, R., L. Shell died in 1865. In the meantime, and during the life of the…

2Cases cited3 opinions

  1. Erwin v. LowrySupreme Court of the United States · 1849
  2. Servis v. BeattyMississippi Supreme Court · 1856
  3. Wilkins v. HumphreysMississippi Supreme Court · 1852

3Cited by1 opinion

  1. Massell Realty Co. v. HanburySupreme Court of Georgia · 1927

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