Wooten v. Buchanan
Mississippi Supreme Court
. Appeal from the chancery court of Marshall county. Hon. DeWitt SteaRNS, Chancellor. The opinion of the court contains a sufficient statement of the case.
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. Appeal from the chancery court of Marshall county. Hon. DeWitt SteaRNS, Chancellor. The opinion of the court contains a sufficient statement of the case. The general doctrine as to the appropriation of payments, is, that the debtor has the right at the time, no previous contract intervening, to apply the payment as he pleases; if he fails to apply it, and there is no previous contract, the creditor can apply it, provided he exercises his right of application before controversy arises ; and if both neglect to apply it, then the law will apply it according to justice and well settled…
1Opinion of the CourtSiMRALL, J.
In October, 1868, Robert Bowen, sold and conveyed to Clement R. Jameson, the parcel of land, described in the pleadings, containing 565 acres. For the purchase money, Jameson made his three bills single, or bonds, payable at one, two and three years, with W. H. Jameson and Jesse W. Wooten, as his sureties. The vendor, Bowen, died shortly hfter the sale. In 1860, Wm. A. Hancock, his administrator, recovered a judgment at law, against all the parties payees of the first note, for $1245.20, An execution founded upon this judgment was, in 1866, levied upon the land sold to complainant by Jesse…
2Cases cited2 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Jackson ex dem. Church v. MillerNew York Supreme Court · 1827
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- Koehler v. Farmers' & Drovers' National BankNew York Supreme Court · 1889
- Couret v. ConnerMississippi Supreme Court · 1918
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