Legal Opinion

McGuire v. Stevens

Mississippi Supreme Court

Decided October 15, 1869PublishedCited by 23 opinions

Appeal from the Chancery Court of Hinds county. Hon. John Watts, chancellor. The receipts which are referred to in the opinion of the court are as follows: “ Received of Mi’. Patrick McGuire two thousand dollars, it being in part payment for a house and lot sold him hy my brother, C. M. Stevens, Jackson, Miss., Oct. 8, 1863. “J. O. Stevens.” “ Received Nov. 22, 1863, of Patrick McGuire, seven hundred dollars, as part payment on house and lot. “Chas. M. Stevens.”

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Appeal from the Chancery Court of Hinds county. Hon. John Watts, chancellor. The receipts which are referred to in the opinion of the court are as follows: “ Received of Mi’. Patrick McGuire two thousand dollars, it being in part payment for a house and lot sold him hy my brother, C. M. Stevens, Jackson, Miss., Oct. 8, 1863. “J. O. Stevens.” “ Received Nov. 22, 1863, of Patrick McGuire, seven hundred dollars, as part payment on house and lot. “Chas. M. Stevens.” “ Received of Pat. McGuire, July 22, 1864, three hundred and sixty dollars. Charles M. Stevens. “ Balance due O. M. Stevens, $440.”…

1Opinion of the CourtPeyton, J.

It appears from the record in this case, that one Charles M. Stevens, in the year 1863, contracted with the appellant to sell him a lot of land, the title to which was in the appellee, James O. Stevens. Certain receipts of the said James O. Stevens and Charles M. Stevens, acknowledging the receipt of certain sums of money from the appellant, in part payment for a house and lot, without designating the same, or referring to anything by which they could be ascertained, are the only evidence in writing of the said contract.

The appellant filed his bill in Chancery for a conveyance of said lot to…

2Cases cited2 opinions

  1. Daniel Boardman and Others, in Error v. The Lessees of Reed and Ford, M'call and Others, in ErrorSupreme Court of the United States · 1832
  2. Abeel & Abeel v. RadcliffNew York Supreme Court · 1816

3Cited by23 opinions

  1. Rhode v. GallatSupreme Court of Florida · 1915
  2. Holmes v. EvansMississippi Supreme Court · 1873
  3. Fisher v. KuhnMississippi Supreme Court · 1877
  4. Jones v. HicksonMississippi Supreme Court · 1948
  5. Austin v. WagesSupreme Court of Minnesota · 1883

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