Moak v. Bryant
Mississippi Supreme Court
Error to the Circuit Court of Lincoln County. Hon. James M'. Smiley, Judge. Plaintiff in error instituted his action of unlawful detainer against the defendant in error before a justice of the peace, where a judgment was rendered for defendant in error. Plaintiff took an appeal to the circuit court, where the case was again tried, with a like result.
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Error to the Circuit Court of Lincoln County. Hon. James M'. Smiley, Judge. Plaintiff in error instituted his action of unlawful detainer against the defendant in error before a justice of the peace, where a judgment was rendered for defendant in error. Plaintiff took an appeal to the circuit court, where the case was again tried, with a like result. On the trial of the cause, the circuit judge, at the request of the defendant, gave the following instructions : 1. That, unless they believe, from the evidence, that the plaintiff notified the defendant of his intention to (put) an end to the…
1Opinion of the CourtSimrall, J.
The plaintiff in error, Moak, brought the special action of unlawful detainer against Bryant, and developed on the trial these facts: Moak sold and agreed to convey to Bryant the land in controversy by “ a good and sufficient title in fee simple,” provided, “Bryant shall, on or before the first of January, 1871, pay Moak 3,400 pounds of lint cotton.” The terms of the contract are embodied in a bond for title, executed by Moak the 4th of January, 1870. On the 1st of December, 1871, Bryant paid 2,055 pounds of cotton, and on the 20th of the same month 392 pounds. Bryant went into possession…
2Cases cited5 opinions
- Gregg v. Von PhulSupreme Court of the United States · 1864
- Whiteside v. JacksonNew York Supreme Court · 1828
- Jackson ex dem. Church v. MillerNew York Supreme Court · 1827
- Arther v. PearsonMississippi Supreme Court · 1856
- Johnson v. TuggleMississippi Supreme Court · 1854
3Cited by7 opinions
- E. J. Lander & Co. v. DeemyNorth Dakota Supreme Court · 1920
- William James Sons Co. v. HutchinsonWest Virginia Supreme Court · 1916
- Vanlandingham v. JenkinsMississippi Supreme Court · 1949
- Hoskins v. DoughertyCourt of Appeals of Texas · 1902
- Mortimer v. HannahMississippi Supreme Court · 1903
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