Johnson v. Jackson
Mississippi Supreme Court
On error from the northern district chancery court at Hernando ; Hon. Henry Dickinson, vice chancellor. Healy and Whiting on the 4th day of January, 1850, sold a tract of land to one Irwin, who paid a part of the purchase-money for the land and executed his notes for the balance of the purchase-money, and received a bond for title from the vendors, and went into possession of the land.
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On error from the northern district chancery court at Hernando ; Hon. Henry Dickinson, vice chancellor. Healy and Whiting on the 4th day of January, 1850, sold a tract of land to one Irwin, who paid a part of the purchase-money for the land and executed his notes for the balance of the purchase-money, and received a bond for title from the vendors, and went into possession of the land. The bond for title is in the ordinary form, but contains the following condition : “ Now if the said H. and W., trustees as aforesaid, shall on the punctual payment of said notes and all taxes legally assessed…
1Opinion of the CourtJustice Handy
This was a bill filed in the district chancery court at Hernando.
The material facts of the case are, that one Irwin purchased the land in controversy in January, 1850, from Healy and Whiting, for which he paid $150 in cash at the time, and gave three promissory notes each for the sum of $190, payable in one, two, and three years, and received from the vendors a bond for title to be conveyed “ on the punctual payment of said notes,” and went into possession. In February, 1851, he executed a deed in trust conveying the land to Jackson as trustee for the use of Pryor, but subsequently he…
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