Legal Opinion

Matthews v. Delta Southern Railroad

Mississippi Supreme Court

Decided March 15, 1907PublishedCited by 1 opinion

Erom the chancery court of Leflore county. Hon. Percy Bell, Chancellor. The appellant, Matthews, was complainant in the court below, and the railroad company, appellee, was defendant there. Erom a decree sustaining defendant’s demurrer to the' complainant’s bill and dismissing the suit, complainant appealed to the supreme court. Complainant sued to enforce a vendor’s lien on land conveyed by him to defendant.

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Erom the chancery court of Leflore county. Hon. Percy Bell, Chancellor. The appellant, Matthews, was complainant in the court below, and the railroad company, appellee, was defendant there. Erom a decree sustaining defendant’s demurrer to the' complainant’s bill and dismissing the suit, complainant appealed to the supreme court. Complainant sued to enforce a vendor’s lien on land conveyed by him to defendant. The bill alleged that complainant, a negro, was in the employ of one Morgan, an agent of defendant company, to procure a right of way over the lands of complainant and others for…

1Opinion of the Court

Whitfield, C. J".,

delivered the opinion of the court.

The complainant was clearly entitled to a lien on the land described in the deed for $25 and interest. The appellee, through its agent, Morgan, got the land, and equity will not permit it to hold it without paying the value agreed on.

The decree is reversed, the demurrer overruled, and the cause remanded, for answer within thirty days from the filing of the mandate in the court below.

2Cited by1 opinion

  1. Haden v. SimsMississippi Supreme Court · 1933

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