Washington v. Soria
Mississippi Supreme Court
From the chancery court of Harrison county. Hon. W. T. Houston, Chancellor. The opinion states the case. The debt is founded on a contract, and the contract is not signed by the debtor and is barred by the three years statute of limitation. Code of 1892, § 2739. It could have been enforced against the debtor before it was barred, by sale of the land or by personal judgment against him.
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From the chancery court of Harrison county. Hon. W. T. Houston, Chancellor. The opinion states the case. The debt is founded on a contract, and the contract is not signed by the debtor and is barred by the three years statute of limitation. Code of 1892, § 2739. It could have been enforced against the debtor before it was barred, by sale of the land or by personal judgment against him. Washington accepted the deed, and, by the acceptance, became liable to pay this debt, but by acceptance only, and not by promise in writing. Complainant knew the contract she was making, and a court of equity…
1Opinion of the CourtCooper, C. J.
Mrs. Horia exhibited her bill in the chancery court of Harrison county to subject certain land therein described, theretofore conveyed by her to the appellant, Washington, to the payment of the purchase price thereof. The bill, which was filed December 5, 1894, charges that, on July 26, 1887, in consideration of the sum of five hundred dollars to her in cash paid, and of the payment of a like sum'to be made twelve months therefrom, and of the payment of a like sum to be made eighteen months therefrom, she conveyed the land to the defendant, *672reserving in the conveyance a lien upon the land…
2Cases cited14 opinions
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- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
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3Cited by38 opinions
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