Bratton v. Rogers
Mississippi Supreme Court
Appeal from the Chancery Court of Coahoma County. Hon. W. Gr. Phelps, Chancellor. In 1871 the complainant,-Bratton, obtainedadecreeagainstthethen owners of the lands in controversy in this suit. He was indebted to his attorneys for their fee and for taxes paid by them to prevent a sale of the lands against which the decree had been rendered.
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Appeal from the Chancery Court of Coahoma County. Hon. W. Gr. Phelps, Chancellor. In 1871 the complainant,-Bratton, obtainedadecreeagainstthethen owners of the lands in controversy in this suit. He was indebted to his attorneys for their fee and for taxes paid by them to prevent a sale of the lands against which the decree had been rendered. Under an arrangement between complainant and his attorneys the lands were bid off at the sale made under the deci'ee by one of the attorneys, who was to hold them to secure the payment of the debt due by the complainant. Ixx 1872 another arrangement was…
1Opinion of the CourtCooper, J.
The objection to the enforcement of the trust set up in the bill because the same was not made or manifested by writing is untenable. The money by which the debt due to Reid and Mathews was paid was the money of the complainant, though raised on the *288joint credit of himself and Armistead. From this fact a trust resulted in favor of the complainant by operation of law, and the statute of frauds has no application. Code of 1880, § 1296 ; Code of 1871, § 2896 ; Cameron v. Lewis, 54 Miss. 76; Taylor v. Mosely, 57 Miss. 544.
The defense interposed by Rogers that he is a bond fide purchaser for value…
2Cases cited1 opinion
- Taylor v. MoselyMississippi Supreme Court · 1880