Foxworth v. Bullock
Mississippi Supreme Court
Appeal from the chancery court of Marion county. Mo-MillaN, J. The facts appear in the opinion of the court. 1st. It has always been held inequitable that a vendee should retain property without paying the purchase money; and this doctrine extends, by statute, so far as to forbid the retention of a homestead exemption in property not paid for, and declares the same to be subject to execution. Rev. Code of 1857, 530, art. 284. 2d.
Read the full summary
Appeal from the chancery court of Marion county. Mo-MillaN, J. The facts appear in the opinion of the court. 1st. It has always been held inequitable that a vendee should retain property without paying the purchase money; and this doctrine extends, by statute, so far as to forbid the retention of a homestead exemption in property not paid for, and declares the same to be subject to execution. Rev. Code of 1857, 530, art. 284. 2d. But.this property was fraudulently assigned, hence this court will cancel the title. ■ 3d. It is settled that a demurrer to a bill charging fraud, must be…
1Opinion of the Court
Simrall, J.:
Jas. A Jordan (the intestate of the plaintiff in error), on the 17th day of August, 1866, was the owner of certainlands, stock, and other effects, conveyed to him on that day by Hugh Bullock and Caroline M. Bullock, his wife, for $2,750. On the 18th of the following September, the said Caroline M. Bullock, purchased back from said Jordan, the same property, for the same price, and took a deed for the land, and bill of sale for the personal effects, and with her husband and son, Joel J. Bullock, made and delivered to Jordan a joint and several promissory note, at twelve months…
2Cases cited2 opinions
- Harrison v. Pike Bros. & Co.Mississippi Supreme Court · 1873
- Oswald v. McGeheeMississippi Supreme Court · 1854
3Cited by5 opinions
- Zartner v. HolzhauerWisconsin Supreme Court · 1931
- Wilson v. FridenbergSupreme Court of Florida · 1886
- Weed Sewing Machine Co. v. MaxwellSupreme Court of Missouri · 1876
- Nicholson v. HeiderhoffMississippi Supreme Court · 1874
- Staton v. NewMississippi Supreme Court · 1873