Legal Opinion

Wilbourn v. Bishop

Mississippi Supreme Court

Decided October 15, 1884PublishedCited by 1 opinion

Appeal from the Chancery Court of Panola County. Eugene Johnson, Esq., Special Chancellor, by agreement of the parties, Hon. J. G. Hall being of counsel in the case. On the 18th of May, 1874, John Bishop bought at a tax-sale, for one hundred and forty-eight dollars and eighty-seven cents, a certain tract of land previously belonging to his sister-in-law, Chloe M. Wilbourn.

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Appeal from the Chancery Court of Panola County. Eugene Johnson, Esq., Special Chancellor, by agreement of the parties, Hon. J. G. Hall being of counsel in the case. On the 18th of May, 1874, John Bishop bought at a tax-sale, for one hundred and forty-eight dollars and eighty-seven cents, a certain tract of land previously belonging to his sister-in-law, Chloe M. Wilbourn. Seven days thereafter, on the 25th of May, a deed of trust was executed by Chloe M. Wilbourn upon this land to secure a debt of two hundred dollars which she owed John Bishop. On the 26th of May, 1875, Bishop signed a paper…

1Opinion of the CourtCampbell, C. J.

The paper of the 7th of March, 1878, executed by John Bishop, evidences a contract of sale capable of enforcement. It is sufficiently certain in its terms, and is supported by a sufficient consideration, and its specific performance will not be inequitable, but highly equitable, and will be the accomplishment of what John Bishop manifestly contemplated and stipulated for. The instrument furnishes the basis for computation of the amount Bishop was to receive for the purchase-money’ and fixes the contingency on which the sale was to be finally consummated. It was, therefore, definite and…

2Cited by1 opinion

  1. Zelleken v. LynchSupreme Court of Kansas · 1909

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