McCarley v. Board of Supervisors
Mississippi Supreme Court
Appeal from the Chancery Court of Tippah County. Hon. A. B. Fly, Chancellor. On the first day of January, 1867, the treasurer of Tippah County, as trustee in a deed of trust given by L. S. Holcombe to secure a promissory note for money borrowed from the school fund of that county, sold a certain tract of land at public vendue, and the same was bought by Moso McCarley, who gave his promissory note for the purchase-money, and executed to the treasurer a deed of trust on the…
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Appeal from the Chancery Court of Tippah County. Hon. A. B. Fly, Chancellor. On the first day of January, 1867, the treasurer of Tippah County, as trustee in a deed of trust given by L. S. Holcombe to secure a promissory note for money borrowed from the school fund of that county, sold a certain tract of land at public vendue, and the same was bought by Moso McCarley, who gave his promissory note for the purchase-money, and executed to the treasurer a deed of trust on the land bought at such sale, to secure the note. The deed of trust under which the land was sold provided that any sale made…
1Opinion of the CourtCampbell, J.
The position of appellant, as holding the land described in his bill by virtue of his purchase, as described, is such as to preclude him from assailing the title he acquired, either for want of authority in those with whom he dealt, or because of insufficiency in the description of the land. In reference to the accidental failure to affix a scroll to the name subscribed to the note, we are disposed to follow the cases of Wadsworth v. Wendell, 5 Johns. Ch. 224; Thomas Manufacturing Company v. Lathrop, 7 Conn. 550 ; and Rutland v. Paige, 24 Vt. 181. In the first case cited, Chancellor Kent…
2Cases cited3 opinions
- Thames Manufacturing Co. v. LathropSupreme Court of Connecticut · 1829
- Wadsworth v. WendellNew York Court of Chancery · 1821
- Town of Rutland v. PaigeSupreme Court of Vermont · 1852
3Cited by2 opinions
- Sharpley v. PlantMississippi Supreme Court · 1901
- Bernard v. SchnierDistrict Court of Appeal of Florida · 1983