Fisher v. Kuhn
Mississippi Supreme Court
Appeal from tbe Chancery Court of Harrison County. Hon. Geokge Wood, Chancellor. The only question is whether- there is any equity in the bill. The defendant files a demurrer, and assigns as the first special cause that there is no equity in the complainant’s bill; the other special causes assigned have reference to the exhibits filed with the bill, which are no part thereof.
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Appeal from tbe Chancery Court of Harrison County. Hon. Geokge Wood, Chancellor. The only question is whether- there is any equity in the bill. The defendant files a demurrer, and assigns as the first special cause that there is no equity in the complainant’s bill; the other special causes assigned have reference to the exhibits filed with the bill, which are no part thereof. As to the first cause, it is only necessary to examine the allegations of the bill, which show a clear case for the relief sought.. Mnucane v. Kearney, 1 Freem. Ch. 65, and cases citéd; 9 Wall. 1; Tucher v. Field, 51…
1Opinion of the CourtSimrall, C. J.
The complainant alleges that on July 10, 1874, Joseph Kuhn, the defendant, was, or claimed to be, seised in fee of a parcel of land in the town of Biloxi, the boundaries of which *482are given, being the same property occupied and leased by A. J. Ward for many years. The last lease was made by the defendant March 1,1869. The leases are made exhibits to show the location and size of the lot. On July 10, 1874, the complainant bought this lot of land from Kuhn for $2,0Q0, with six per cent interest until the final payment, which was to be madé when demanded. When final payment was made, a deed with…
2Cases cited4 opinions
- Bowers v. AndrewsMississippi Supreme Court · 1876
- McGuire v. StevensMississippi Supreme Court · 1869
- Holmes v. EvansMississippi Supreme Court · 1873
- Jelks v. BarrettMississippi Supreme Court · 1876
3Cited by20 opinions
- Jones v. CarverTexas Supreme Court · 1883
- Cromwell v. LewisSupreme Court of Oklahoma · 1923
- Gumbel v. KoonMississippi Supreme Court · 1881
- Jon A. Swartzfager v. Thomas R. SaulMississippi Supreme Court · 2017
- Howie v. SwaggardMississippi Supreme Court · 1926
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