Bowen v. Duncan
Mississippi Supreme Court
In December, 1881, T. 0. Duncan sold A. M. Bowen 100 acres of land in Mississippi for $800, to be paid in four annual installments of $200 each. Bowen executed four notes for tbe purchase money, and to secure same gave a deed of trust on the land bought, and also gave a deed of trust to secure it on a house and lot in Memphis, Tenn.
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In December, 1881, T. 0. Duncan sold A. M. Bowen 100 acres of land in Mississippi for $800, to be paid in four annual installments of $200 each. Bowen executed four notes for tbe purchase money, and to secure same gave a deed of trust on the land bought, and also gave a deed of trust to secure it on a house and lot in Memphis, Tenn. The first note was not paid and the Tennessee property was advertised for sale under the deed of trust and at the sale Duncan bid $1,000 for it, and it was sold to him at that price. Duncan afterward had the trustee in the deed of trust of the property in…
1Opinion of the Court 1
Opinion.
2Opinion of the Court · CampbellCampbell, J.
It appears that Duncan caused the property in Memphis to be sold, and bid for it $1,000 at the sale. Afterward he abandoned his purchase, but fails to show a state of case entitling him to- do so. Ilis claim is that the amount of his bid is appropriable to the payment of taxes due on the property, and that nothing is left to go as a credit on the notes, but there is in the record no evidence of taxes due on the property, or o-f other circumstances giving Duncan the right to subject the land in Mississippi notwithstanding his bid of $1,000 for the lot in Memphis. This answer is not…
3Cases cited6 opinions
- Fulton v. WoodmanMississippi Supreme Court · 1876
- National Bank of the Republic v. Louisville, New Orleans & Texas RailwayMississippi Supreme Court · 1894
- Parmele v. McGintyMississippi Supreme Court · 1876
- Rodd v. DurbridgeMississippi Supreme Court · 1876
- Dyer v. WilliamsMississippi Supreme Court · 1884
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