Arther v. Pearson
Mississippi Supreme Court
Appeal from tbe District Chancery Court, at Fulton. Hon. James F. Trotter, vice-chancellor. The condition of the title bond executed by the appellant to the appellee, after reciting the sale of the land, and the amount of the purchase-money, and the note given therefor, and the time it would become payable, was as follows : — “ Now upon the payment of the sum of money which may be due on said note, if the above bound E. J. Arther 'shall make, or cause to be made, to the said…
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Appeal from tbe District Chancery Court, at Fulton. Hon. James F. Trotter, vice-chancellor. The condition of the title bond executed by the appellant to the appellee, after reciting the sale of the land, and the amount of the purchase-money, and the note given therefor, and the time it would become payable, was as follows : — “ Now upon the payment of the sum of money which may be due on said note, if the above bound E. J. Arther 'shall make, or cause to be made, to the said H. J. Pearson, his heirs and assigns, a good and lawful title in fee simple, by deed of conveyance, to the above…
1Opinion of the CourtFisher, J.
The appellee filed this bill in the Yice-Chancery Court, at Fulton, for the purpose of compelling a specific performance of a certain contract in regard to a tract of land purchased by the appellee from the appellant.
The contract appears to have been as follows: — Arther by his attorney, sold the -land to the appellee, on the 3rd of January, 1853; took his note for the purchase-money, falling due the 1st of March, 1854; and at the same time, (date of contract,) executed his bond for title, conditioned to make title upon the payment of the purchase-money. The purchaser failing to make payment,…
2Cited by3 opinions
- Denkmann Lumber Co. v. MorganMississippi Supreme Court · 1954
- Moak v. BryantMississippi Supreme Court · 1875
- Lipscomb v. StateMississippi Supreme Court · 1897