Legal Opinion

McRaven v. Crisler

Mississippi Supreme Court

Decided October 15, 1876PublishedCited by 10 opinions

Error to the Circuit Court of Hinds County. Hon. George F. Brown, Judge. Wesley Crisler sued Eliza J. McRaven in assumpsit, upon three counts.

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Error to the Circuit Court of Hinds County. Hon. George F. Brown, Judge. Wesley Crisler sued Eliza J. McRaven in assumpsit, upon three counts. The first count was upon a promissory note, given for the purchase-money of a tract of land, sold by the plaintiff to the defendant, and recited that the land was known as the “ S. of sec. 12, and the W. of N. W. -J of sec. 12, all in T. 5, R. 1 W., and the W. £ of S. W. £ of sec. 7, T. 5, R. 1 E.” The second count was for the purchase-money of said land, and recited that the plaintiff sold to the defendant the tract of land above described, and the…

1Opinion of the CourtChalmers, J.

The suit was upon a note for $3,840 given by the appellant to the appellee’s intestate for the purchase-money of a tract of land. The note undertook to recite the land for the price of which it was executed, but the land was misdescribed. This being discovered by the payee some months after its execution, he took it to one Harris, who had acted as draughtsman for both parties in drawing it, and procured him to interline and alter it, so as properly to describe the land.

In suing upon the note, several counts were laid in the declaration: 1. Upon the note ; 2. Upon a special contract to pay the…

2Cases cited5 opinions

  1. Clute v. SmallNew York Supreme Court · 1837
  2. Boyd v. BrothersonNew York Supreme Court · 1833
  3. Robinson v. HarbourMississippi Supreme Court · 1869
  4. Bridges v. WintersMississippi Supreme Court · 1868
  5. Hervey v. HarveySupreme Judicial Court of Maine · 1839

3Cited by10 opinions

  1. First National Bank v. SpaldingCalifornia Supreme Court · 1918
  2. Burkhart v. HartOregon Supreme Court · 1900
  3. McClure v. LittleUtah Supreme Court · 1897
  4. Osborn v. HallIndiana Supreme Court · 1903
  5. Wallace v. TiceOregon Supreme Court · 1898

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