Brooks v. Kelly
Mississippi Supreme Court
Appeal and Cross-appeals from the Chancery Court of Montgomery County. Hon. R. W. Williamson, Chancellor. J. D. Butler, having bought a tract of land which he was unable to pay for, procured Jackson Martin to pay the purchase-money thereof, fifteen hundred and thirty-four dollars and fifteen cents, and on the 18th of November, 1871, caused the legal title to the same to be conveyed to Martin by an absolute deed, in order to secure to Martin the repayment of the money thus…
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Appeal and Cross-appeals from the Chancery Court of Montgomery County. Hon. R. W. Williamson, Chancellor. J. D. Butler, having bought a tract of land which he was unable to pay for, procured Jackson Martin to pay the purchase-money thereof, fifteen hundred and thirty-four dollars and fifteen cents, and on the 18th of November, 1871, caused the legal title to the same to be conveyed to Martin by an absolute deed, in order to secure to Martin the repayment of the money thus advanced by him, with interest thereon at the rate of twelve per cent, per annum, it being verbally agreed between Martin…
1Opinion of the CourtCooper, C. J.
The foreclosure sale under which the complainant purchased the *626lands in controversy had not been confírmed by the court at the date of the institution of this proceeding, nor had there been confirmation m pais by persons authorized to ratify the sale. Before the day of sale Butler had parted with his entire interest in the lands, and thereafter could do no act prejudicial to the rights of his vendees. It is true that Brooks was a purchaser pendente lite of the equity of redemption, and because he was he took subject to whatever action should be taken in the suit, and upon confirmation by the…
2Cited by4 opinions
- Crawford Com. Const. v. Marine Ind. Res. Ins.Mississippi Supreme Court · 1983
- Doty v. Enterprise Timber Co.Mississippi Supreme Court · 1917
- Williams v. ButtsMississippi Supreme Court · 1920
- Wilsford Et Ux. v. JohnsonMississippi Supreme Court · 1925