Miazza v. Yerger
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. W. B. Peyton, Chancellor. This was a bill filed by Mrs. E. A. Miazza, to enforce a trust in certain real estate alleged to arise out of'the contract mentioned in the opinion of the court.
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Appeal from the Chancery Court of Hinds County. Hon. W. B. Peyton, Chancellor. This was a bill filed by Mrs. E. A. Miazza, to enforce a trust in certain real estate alleged to arise out of'the contract mentioned in the opinion of the court. The arrangement to get the money from Mr. Helm, wherewith to make the purchase, and the agreement with Yerger to attend the sale and bid in one-half the property for her, were in anticipation of a trustee’s sale of the property, which subsequently took place. The scope, structure and various prayers of the bill, all had reference to enforcing this trust.…
1Opinion of the CourtCampbell, J.
We are satisfied that the several demurrers to the bill were properly sustained. We have given much attention to the question whether the bill states a case against Yerger which can be maintained. The charge made against him is that he “ undertook, promised, and agreed, as her agent and attorney, to attend the sale and bid in one-half of said property ” for the complainant, who had made arrangements to obtain from Mr. Helm the money to pay for such interest; and that Yerger, instead of doing as he promised, bought the property for himself, and had title made to himself instead of to the…
2Cases cited1 opinion
- Gibson v. FooteMississippi Supreme Court · 1866
3Cited by18 opinions
- Brabham v. BrabhamMississippi Supreme Court · 1955
- Sample v. RomineMississippi Supreme Court · 1942
- Carkonen v. AlbertsWashington Supreme Court · 1938
- Bush v. BushMississippi Supreme Court · 1924
- Dogan, Sheriff v. CooleyMississippi Supreme Court · 1939
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