Grisham v. Lutric
Mississippi Supreme Court
From the circuit court of Madison county. Hon. Robert Powell, Judge. Thomas L. Grisham, the appellant, was the plaintiff in the court below; Lutric & Chandler, appellees, were defendants there. The purpose of the suit was to recover the value of some cotton upon which plaintiff, as trustee, held a deed of trust, the cotton having been acquired by defendants, appellees.
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From the circuit court of Madison county. Hon. Robert Powell, Judge. Thomas L. Grisham, the appellant, was the plaintiff in the court below; Lutric & Chandler, appellees, were defendants there. The purpose of the suit was to recover the value of some cotton upon which plaintiff, as trustee, held a deed of trust, the cotton having been acquired by defendants, appellees. The facts were these: In October, 1896, one Harbour leased some land in Madison county, verbally, for a term of three years. The statute of frauds (code of 1892, §4225), provides that “an action shall not be brought whereby to…
1Opinion of the CourtWoods, C. J.
On the case presented in the record before us there is really only a single question for our consideration: Was the action of the trial court in declaring the trust deed of November 17, 1896, made by Harbour to Grisham, trustee, void, and in excluding it from the jury, correct?
While a verbal contract for the lease of lands for more than one year is nonenforceable, because within the statute of frauds, still the statute does not declare it void, but only declares that it, the contract, shall be nonenforceable in an action brought to charge a defendant or other party. But the present suit is…
2Cases cited1 opinion
- State ex rel. Holmes County v. SwinneyMississippi Supreme Court · 1882
3Cited by5 opinions
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- Davis v. StegallMississippi Supreme Court · 1963