Holmes v. Evans
Mississippi Supreme Court
Appeal from the chancery court of Adams county. Walker, Chancellor. The opinion of the court contains a sufficient statement of the case. All that is demanded by the statute of frauds is, that the writing shows a contract or promise to sell the property to be sold, and the parties to it. That the consideration of the promise need not appear in the writing is not open to controversy.
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Appeal from the chancery court of Adams county. Walker, Chancellor. The opinion of the court contains a sufficient statement of the case. All that is demanded by the statute of frauds is, that the writing shows a contract or promise to sell the property to be sold, and the parties to it. That the consideration of the promise need not appear in the writing is not open to controversy. Violet v. Patton, 5 Cranch, 142; Taylor v. Ross, 3 Yerg.; Gilman v. Kibler, 5 Humph. 19 ; Wren v. Pierce, 4 S. & M. 91; Johnson v. Ronald, 4 Mumf. 77 ; Hatcher v. Hatcher, 1 McMullen Ch. 311; How v. Kimball, 2…
1Opinion of the Court
Peyton, C. J.:
This is an appeal from a decree of the chancery court of Adams county, dismissing a bill filed by the appellant against the appellees to enforce the specific performance of a contract for the sale of real estate in the city of Natchez, which is in writing in the words and figures following, to wit,:
“New Orleans, June 25th, 1870.
“ Received from M. Holmes one hundred dollars, as part payment on a piece of property on the corner of Main and Pearl streets, city of Natchez, county of Adams, state of Miss. ' ELIZA EVANS.”
The main question presented for our determination in this case…
2Cases cited7 opinions
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