Legal Opinion

O'Hara v. Alexander

Mississippi Supreme Court

Decided January 15, 1879PublishedCited by 3 opinions

Appeal from the Chancery Court of Lincoln County. Hon. T. Y. Berry, Chancellor. The case is sufficiently stated in the opinion of the court. Chaffe & Co. were purchasers for value, and without notice of Mrs. Alexander’s rights against O’Hara, if she had any, and the law protects them as innocent purchasers.

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Appeal from the Chancery Court of Lincoln County. Hon. T. Y. Berry, Chancellor. The case is sufficiently stated in the opinion of the court. Chaffe & Co. were purchasers for value, and without notice of Mrs. Alexander’s rights against O’Hara, if she had any, and the law protects them as innocent purchasers. Newell v. Grider, 50 Miss." 539 ; Love v. Taylor, 26 Miss. 567 ; Per-Joins v. Swank, 43 Miss. 349 ; Hinds v. Pugh, 48 Miss. 275 ; Schumpert v. Hillard, 55 Miss. 348. Mrs. Alexander’s deed to O’Hara showed the consideration to be the payment of her husband’s debt, and that was sufficient…

1Opinion of the Court

Chalmers, J:,

delivered the opinion of the court.

Mrs. Alexander, in conjunction with her husband, by a deed absolute upon its face, conveyed her separate property to O’Hara in satisfaction of .her husband’s debts.

There was nothing upon the face of the deed to suggest the nature of the consideration, the recital being that the property was conveyed ‘ ‘ in consideration of the sum of twelve hundred and fifty-three dollars in hand paid.”

Six months afterwards, O’Hara sold and conveyed the property to Chaffe & Co., of New Orleans, in satisfaction of an indebtedness due by him to them. They had no-…

2Cited by3 opinions

  1. Guarantee & Trust Co. v. JonesTennessee Supreme Court · 1899
  2. Ladnier v. LadnierMississippi Supreme Court · 1886
  3. Walker v. RossMississippi Supreme Court · 1888

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