Johnson v. Brook
Mississippi Supreme Court
Appeal from tbe District Chancery Court of the Middle District, at Yazoo city. Hon. Selden S. Wright, vice chancellor. The facts are sufficiently stated in the opinion of the court. 1. The deed was insufficient, as a memorandum, to take it out of the Statute, of Frauds. It is essential that it should have been delivered. 2. The contract on the part of Johnson and wife was an entire one, as stated in the bill. It cannot be divided.
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Appeal from tbe District Chancery Court of the Middle District, at Yazoo city. Hon. Selden S. Wright, vice chancellor. The facts are sufficiently stated in the opinion of the court. 1. The deed was insufficient, as a memorandum, to take it out of the Statute, of Frauds. It is essential that it should have been delivered. 2. The contract on the part of Johnson and wife was an entire one, as stated in the bill. It cannot be divided. Johnson did not contract to sell his interest, except in common with the sale of her’s. The signature of the joint deed for both by Johnson alone, and its delivery…
1Opinion of the CourtHandy, J.
It appears that the appellant and his wife, severally, were the owners of two-fifths of a tract of land, the residue of which was owned by the appellee; and that the appellee agreed with Johnson and wife to purchase their interests, and to pay for the same five dollars per acre, payable at a future day, and to pay annually ten per cent, upon the amount until the principal should be paid, and the appellee took possession. In accordance with the agreement, Johnson had- a deed of bargain and sale prepared, to be executed by himself and his wife, and it was signed and acknowledged by himself, and…
2Cited by13 opinions
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- Howie v. SwaggardMississippi Supreme Court · 1926
- Grantham v. RalleMississippi Supreme Court · 1963
- Callanan v. ChapinMassachusetts Supreme Judicial Court · 1893
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