Hamer v. Johnston
Mississippi Supreme Court
APPEAL from Chancery. The judgment in this case applies to another suit growing out of the same transaction, the case of Marshall v. Morton et al. Complainant filed his bill in chancery to enjoin proceedings at law, and the injunction being dissolved by the chancellor, an appeal was taken to this .court.
Read the full summary
APPEAL from Chancery. The judgment in this case applies to another suit growing out of the same transaction, the case of Marshall v. Morton et al. Complainant filed his bill in chancery to enjoin proceedings at law, and the injunction being dissolved by the chancellor, an appeal was taken to this .court. The bill stated that Willie Davis proposed to sell to complainant ten sections of land, claimed by said Davis, as assignee of certain Choctaw Indians, who claimed by virtue of the 14th article of the treaty of Dancing Rabbit creek; and that relying upon the repeated statements of said Davis,…
1Opinion of the CourtChief Justice Shahkev
The complainant filed his bill to enjoin proceedings át law, arid the injunction being dissolved by the Chancellor, this'appeal was taken. It appears that the notes on which the suits at law were brought, were given for ten sections of land, of which Davis, the vendor, represented himself as-the rightful owner, aB'assignee of certain Choctaw Indians, who derived title under the 14th Article of the Treaty óf Dancing Rabbit Creek. Confiding in these representations, the complainant ¿nade and delivered the notes, amounting to nine thousand six hundred and sixty-nine dollars, and took from the…
2Cases cited2 opinions
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Carnes ex rel. Olden v. FieldSupreme Court of Pennsylvania · 1800