Hyde v. Warren
Mississippi Supreme Court
Appeal from the chancery court of Clarke county. Drake, Chancellor. The hill charges that one Dearing and wife, on 17th September, 1863, sold and conveyed to Warren and M. F. Hyde, a feme covert, and the wife of A. J. Hyde, a tract of land in Clarke county, which is described in the deed exhibited with the bill, for $14,000 ; that, on the 10th day of August, 1866, Hyde and wife conveyed the same land to Warren for $5,000, but, by accident or design, misdescribed the land by…
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Appeal from the chancery court of Clarke county. Drake, Chancellor. The hill charges that one Dearing and wife, on 17th September, 1863, sold and conveyed to Warren and M. F. Hyde, a feme covert, and the wife of A. J. Hyde, a tract of land in Clarke county, which is described in the deed exhibited with the bill, for $14,000 ; that, on the 10th day of August, 1866, Hyde and wife conveyed the same land to Warren for $5,000, but, by accident or design, misdescribed the land by impossible land office divisions, so as to destroy the identity; that it was really the intention of the parties to buy…
1Opinion of the Court
Simrall, J. :
This bill was exhibited to correct a mistake in the description of the lands mentioned' in the pleadings, and the deeds exhibited therewith. It is not controverted in this court, that the deed from A. J. Hyde and wife to War: ren, and the mortgage from Warren to Patrick, Irwin & Co., *28and the deed from the latter to James Patrick, were intended to convey the lands described in the deed, from J. M. Dealing and wife to A. Warren and Mrs. P. M. Hyde, wife of A. J. Hyde. It is conceded that the misdescription and mistake exists. The complainants would, therefore, be entitled to the…
2Cases cited3 opinions
- Howards v. DavisTexas Supreme Court · 1851
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Sessions v. BaconMississippi Supreme Court · 1852
3Cited by4 opinions
- Otis v. McMillan & SonsSupreme Court of Alabama · 1881
- Houston v. National Mutual Building & Loan Ass'nMississippi Supreme Court · 1902
- Frank v. Colonial & United States Mortgage Co.Mississippi Supreme Court · 1905
- Thompson v. HouzeMississippi Supreme Court · 1873