Legal Opinion

Love v. Stone

Mississippi Supreme Court

Decided January 15, 1879PublishedCited by 16 opinions

Appeal from the Chancery Court of Panola County. Hon. J. C. Geay, Chancellor. In December, 1859, William E. Stone purchased, at a sale under a decree in chancery, a half-section of land, on a credit of twelve months ; and, to secure the purchase-money, executed a bond, with W. P. Wooten, his brother-in-law, as surety. Before the payment of the purchase-money, Stone sold the land to W. P. Wooten. This sale rested altogether in parol, and no money passed.

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Appeal from the Chancery Court of Panola County. Hon. J. C. Geay, Chancellor. In December, 1859, William E. Stone purchased, at a sale under a decree in chancery, a half-section of land, on a credit of twelve months ; and, to secure the purchase-money, executed a bond, with W. P. Wooten, his brother-in-law, as surety. Before the payment of the purchase-money, Stone sold the land to W. P. Wooten. This sale rested altogether in parol, and no money passed. Wooten took possession of the land, and soon thereafter sold it to his brother, J. L. Wooten, who occupied it for awhile, but surrendered it…

1Opinion of the CourtCampbell, J.

The motion to suppress the deposition of Stone, because he testified to support his own claim against the estate of Wooten, a deceased person, was properly overruled. Although Stone testified to dealings between himself and Wooten, he did not testify to support any claim or right of himself against the estate of such deceased person, nor was he a party to litigation with that estate. It is true that Wooten’s administrator is a co-defendant with Stone in the bill exhibited against them, but there is no controversy between them, and no right of Wooten is involved in this suit, as between the…

2Cases cited1 opinion

  1. Sulphine v. DunbarMississippi Supreme Court · 1877

3Cited by16 opinions

  1. COLEMAN v. KierbowMississippi Supreme Court · 1951
  2. Shepherd Et Ux. v. JohnstonMississippi Supreme Court · 1947
  3. Fennell ex rel. Fennell v. McGowanMississippi Supreme Court · 1880
  4. Jackson v. SmithMississippi Supreme Court · 1890
  5. Garner v. TownesMississippi Supreme Court · 1924

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