Oliver v. Loye
Mississippi Supreme Court
Appeal from the Chancery Court of Copiah County. Hon. E. G. Peyton, Chancellor. There being no privity of contract between the appellant and the appellee, but only privity of estate, the action is local and cannot be maintained, for the reason that the land does not lie within the jurisdiction of the court in which the bill is filed. Lienow v. Bilis, 6 Mass. 331; Ciarle v. Soudder, 6 Gray, 122; White y.
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Appeal from the Chancery Court of Copiah County. Hon. E. G. Peyton, Chancellor. There being no privity of contract between the appellant and the appellee, but only privity of estate, the action is local and cannot be maintained, for the reason that the land does not lie within the jurisdiction of the court in which the bill is filed. Lienow v. Bilis, 6 Mass. 331; Ciarle v. Soudder, 6 Gray, 122; White y. Sanborn, 6 N. H. 220; Barker v. Darner, 1 Salk. 80; Way v. Tally, 2 Salk. 651; Thursby v. Plant, 1 Saund. 237; Birney v. Haim, 2 Litt. 262; Thrale v. Cornwall, 1 Wilson, 165; 1 Chitty PI. 270;…
1Opinion of the CourtCampbell, J.
The appellee exhibited his bill in the Chancery Court of Copiah County to obtain reimbursement for expenditures made by him in resisting a suit and in extinguishing a paramount title asserted and maintained as to land situated in Louisiana, which the appellant had sold and conveyed with a warranty of title to one Smith, who assigned to the appellee. The bill was demurred to, because the land is in Louisiana, and the right of the complainant sprung not from contract, but from privity of estate by reason of the covenant of warranty of title which runs with the land, and therefore the courts of…
2Cases cited9 opinions
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