Legal Opinion

Perkins v. Coleman

Mississippi Supreme Court

Decided October 15, 1875PublishedCited by 5 opinions

Appeal from the Chancery Court of Winston County. Hon. Theoloric O. Lyon, Chancellor. Appellee purchased of appellant a tract of land, executed two notes, one for $3,500, the other for $875 ; afterwards consolidated the notes, and gave a deed in trust on lands to secure their payment. While thus indebted, he loaned to appellant $1,500 in gold, to be paid in $2,100 “ greenbacks ” in Mobile when called on.

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Appeal from the Chancery Court of Winston County. Hon. Theoloric O. Lyon, Chancellor. Appellee purchased of appellant a tract of land, executed two notes, one for $3,500, the other for $875 ; afterwards consolidated the notes, and gave a deed in trust on lands to secure their payment. While thus indebted, he loaned to appellant $1,500 in gold, to be paid in $2,100 “ greenbacks ” in Mobile when called on. The appellee never called for the $2,100, but paid a portion of the note secured by the deed in trust. The note for the $2,100 was barred by the statute of six years, appellee refused to…

1Opinion of the CourtSimrall, J.

In 1865, Perkins purchased from Coleman, a tract of land and other property, and agreed to pay therefor $3,500 at twelve months after date, and $875 January 1, 1867. Shortly after this transaction, Perkins loaned to Coleman $1,500 in gold, to be paid in $2,100 in currency, at Mobile, when called for; this loan was dated September 29, 1866.

October 27, 1866, another arrangement was consummated by the parties, by which Perkins’ two notes were consolidated into one for $4,169.12, payable twenty-six months after date, with 10 per cent, per annum, interest to be compounded annually. This note was…

2Cases cited4 opinions

  1. Russell v. Smith ex rel. PrinceTennessee Supreme Court · 1848
  2. State of Connecticut v.JacksonNew York Court of Chancery · 1814
  3. Mowry v. BishopNew York Court of Chancery · 1835
  4. Graves v. HullMississippi Supreme Court · 1854

3Cited by5 opinions

  1. Stanford v. CoramMontana Supreme Court · 1902
  2. Levens v. BriggsOregon Supreme Court · 1891
  3. Palm v. FancherMississippi Supreme Court · 1908
  4. Co-Operative Oil Co. v. Greenwood Agency Co.Mississippi Supreme Court · 1927
  5. Rogers v. RiversMississippi Supreme Court · 1924

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