Legal Opinion

Daniel v. Frazer

Mississippi Supreme Court

Decided April 15, 1866PublishedCited by 6 opinions

Arpeal from tlie Special Court of Equity at Jackson. Hon. Geo. T. Swann, judge. Appellant filed his bill in tlie Special Court of Equity at Jackson, to recover of appellee twenty-seven bales of cotton. Tbe bill charges tbat tbe cotton was purchased on tbe 17th day of March, 1865, part of wbicb cotton, about ten bales, was in tlie lint, and tlie balance in tbe seed. That appellee estimated the cottpn at thirty bales, but was to retain one for his own use.

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Arpeal from tlie Special Court of Equity at Jackson. Hon. Geo. T. Swann, judge. Appellant filed his bill in tlie Special Court of Equity at Jackson, to recover of appellee twenty-seven bales of cotton. Tbe bill charges tbat tbe cotton was purchased on tbe 17th day of March, 1865, part of wbicb cotton, about ten bales, was in tlie lint, and tlie balance in tbe seed. That appellee estimated the cottpn at thirty bales, but was to retain one for his own use. That it was the understanding that said cotton was to he weighed, and appellant was to pay therefor at the rate of $1 per pound in…

1Opinion of the CourtEllett, J.

In this case it appears, from the testimony of complainant himself, that on the 9th of February, 1865, he purchased the plantation of the defendant, situate in Holmes county, about fifty or sixty miles from Jackson, and four hundred bushels of corn. At the same time defendant offered to sell him all the cotton on the place, estimated by him at about thirty bales, ten of which, according to the estimate, were in the lint, and twenty in the seed. Complainant, thinking the cotton a bad investment, declined to purchase it. Finding afterwards that he could make an advantageous use of it, he…

2Cited by6 opinions

  1. Roberts v. SpenceMississippi Supreme Court · 1968
  2. Yazoo & Mississippi Valley Railroad v. Southern Railway Co.Mississippi Supreme Court · 1903
  3. Everett v. HubbardMississippi Supreme Court · 1946
  4. Pickett v. BoutwellMississippi Supreme Court · 1961
  5. Aston v. RobinsonMississippi Supreme Court · 1873

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