Kimbrough v. Curtis
Mississippi Supreme Court
Error to the Chancery Court of Leflore County. Hon. J. J. Hooker, Chancellor. The opinion of the court contains a sufficient statement of the case. 1. The court erred in permitting the defendant, Walton, to withdraw his answer filed at a previous term, and interpose a demurrer. The whole proceedings were thus set aside. Amendments of pleadings are liberally allowed when necessary to bring the merits of the cause properly before the court.
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Error to the Chancery Court of Leflore County. Hon. J. J. Hooker, Chancellor. The opinion of the court contains a sufficient statement of the case. 1. The court erred in permitting the defendant, Walton, to withdraw his answer filed at a previous term, and interpose a demurrer. The whole proceedings were thus set aside. Amendments of pleadings are liberally allowed when necessary to bring the merits of the cause properly before the court. But this application was not made for that purpose. The demurrer makes a technical objection to the bill, which was waived by the defendant in his answer.…
1Opinion of the CourtSimrall, J.
A. L. McCaskill, the complainant’s intestate, agreed in writing to sell and convey to Curtis, a certain tract of land ; the conveyance to be made upon payment of the purchase money. By a separate instrument, either a bond or a promissory note, Curtis *119■obligated himself to pay, “ when the first steam car shall run on the Mississippi Central Railroad, through any part of Carroll county,” which event, the complainant alleges, occurred on or about the first of February, A. D. 1860.
In 1862, Curtis sold and conveyed the land to defendant, Thomas Walton, who had notice of the contract with Curtis.…
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