Robinson v. Leflore
Mississippi Supreme Court
Appeal from the Chancery Court of Grenada County. Hon. J. B. Morgan, Chancellor. Eliminating the parol agreement leaves no case in the bill. That agreement is within the Statute of Frauds (Code 1871, § 2896), and parol evidence is not admissible to establish it. Gibson v. Foote, 40 Miss. 788; Bartlett v. FicJcersgill, 1 Cox, 15. Part payment of the purchase-money, after the transaction, does not alter the case. Beaman v. Bucle, 9 S. •& M. 207 ; Boxy.
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Appeal from the Chancery Court of Grenada County. Hon. J. B. Morgan, Chancellor. Eliminating the parol agreement leaves no case in the bill. That agreement is within the Statute of Frauds (Code 1871, § 2896), and parol evidence is not admissible to establish it. Gibson v. Foote, 40 Miss. 788; Bartlett v. FicJcersgill, 1 Cox, 15. Part payment of the purchase-money, after the transaction, does not alter the case. Beaman v. Bucle, 9 S. •& M. 207 ; Boxy. Stanford, 18 S. & M. 93; McGuire v. Stevens, 42 Miss. 724. The decision in Miazza v. Yerger, 58 Miss. 135, is conclusive. That case cannot be…
1Opinion of the CourtChalmers, C. J.
The allegations of the bill, which is demurred to, may be thus stated. The lands of John D. Leflore, which were worth twenty thousand dollars, were bound bj' a trust deed for a debt of four thousand dollars. The debt maturing and remaining unpaid, the lands were advertised for sale by the trustee. Mrs. Leflore desired to purchase them, and for this purpose made an arrangement with Mr. Robinson to borrow the money from him, agreeing that for his indemnity the title when the sale took place should be vested in him, until such time as she could repay the loan. She and Robinson attended the sale…
2Cases cited2 opinions
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