Shivers v. Simmons
Mississippi Supreme Court
Appeal from the Chancery Court of Copiah County. Hon. E. G. Peytont, Chancellor. This bill, by Thomas Simmons against Nancy J. Shivers and her husband, alleges that, under an agreement whereby he was to convey her a tract of his land for $1,000, and she to convey him a tract of hers for the same sum, on Dec. 16, 1867, he executed to her a conveyance of his, and she, with her husband, legally acknowledged and delivered to him a deed to hers, intending it to pass title; but…
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Appeal from the Chancery Court of Copiah County. Hon. E. G. Peytont, Chancellor. This bill, by Thomas Simmons against Nancy J. Shivers and her husband, alleges that, under an agreement whereby he was to convey her a tract of his land for $1,000, and she to convey him a tract of hers for the same sum, on Dec. 16, 1867, he executed to her a conveyance of his, and she, with her husband, legally acknowledged and delivered to him a deed to hers, intending it to pass title; but that ip October, 1876, Mrs. Shivers in the mean time having conveyed away the lands received by her, and with the proceeds…
1Opinion of the Court
Campbell, j.,
delivered the opinion of the court.
Upon the facts stated in his bill, the complainant is, in the view of a Court of Chancery, the real owner of the land, and Nancy J. Shivers should be estopped from ever asserting title against him. Her conveyance without proper acknowledgment did not divest her legal title, but she received its price in the'conveyance of land by the complainant to her, and she has conveyed that land so as to place it beyond the reach of a decree for rescission ; and this precludes her from claiming the land bar*522gained to the complainant. To allow her now to…
2Cases cited1 opinion
- Handy v. NoonanMississippi Supreme Court · 1875
3Cited by5 opinions
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- Keel v. JonesMississippi Supreme Court · 1908