Clark v. Bourgeois
Mississippi Supreme Court
Eeom the circuit court of Hancock county. Hon. William N. Denny, Special Judge. Clark, the appellant, was plaintiff, and Mrs. Bourgeois, the appellee, defendant in the court below. The action was unlawful detainer. Erom a judgment in defendant’s favor, the plaintiff appealed to the supreme court. Defendant was originally the owner of the land in controversy.
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Eeom the circuit court of Hancock county. Hon. William N. Denny, Special Judge. Clark, the appellant, was plaintiff, and Mrs. Bourgeois, the appellee, defendant in the court below. The action was unlawful detainer. Erom a judgment in defendant’s favor, the plaintiff appealed to the supreme court. Defendant was originally the owner of the land in controversy. She made a deed to plaintiff, in which her husband did not join, but at the time she and her husband were living apart from each other, and they were not occupying the land. Afterwards defendant and her husband became reconciled and again…
1Opinion of the CourtTruly, J.
In no view of the facts as contained in this record are we able to sustain the judgment. It is undenied that the appellee entered into possession of land, the record title to which is vested in the appellant, under a verbal agreement to pay a certain definite amount, in monthly payments, “in the nature of rent,” and that, when the entire amount so agreed on was paid, the-appellant was to execute to her a deed of conveyance of the property. We are not advised upon what theory of the law the decision of the trial judge was based; hut whether this agreement be construed as establishing the…
2Cases cited1 opinion
- Nobles v. McCartyMississippi Supreme Court · 1884
3Cited by1 opinion
- E. J. Lander & Co. v. DeemyNorth Dakota Supreme Court · 1920