Fowler v. Payne
Mississippi Supreme Court
Appealed from the chancery court of Lauderdale county. HoN. Thos. Chiustian, Chancellor. The facts of the case are fully stated in the opinion of the court. The question at issue in this case is substantially the same whether it arises on the demurrer to the bill, motion to dissolve the injunction, or upon the decree rendered upon the bill, answer and exhibits.
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Appealed from the chancery court of Lauderdale county. HoN. Thos. Chiustian, Chancellor. The facts of the case are fully stated in the opinion of the court. The question at issue in this case is substantially the same whether it arises on the demurrer to the bill, motion to dissolve the injunction, or upon the decree rendered upon the bill, answer and exhibits. It is purely a question of law, growing out of the construction of the written agreement entered into by and between Payne and Fowler. The court erred in overruling the motion to dissolve the injunction, as it had before in overruling…
1Opinion of the CourtTarbell, J.
The questions in this case arise out of a written contract of which the following is a copy : “ In purchase of building, known as the Stonewall Bar and Billiard Saloon, on Lee street, in the city of Meridian, Miss., by the undersigned, on this 5th day of November, 1867, the parties agree : They are joint and equal owners in said property, and the same is to be occupied and rented by S. B. Payne, for the term of five years, at one hundred dollars per month. Fifty dollars per month to be paid-to J. N. Fowler, (the other joint purchaser,) payment to be made by said Payne of one-half rent…
2Cases cited15 opinions
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
- M'Allister v. ReabNew York Supreme Court · 1830
- Brown v. CommonwealthMassachusetts Supreme Judicial Court · 1811
- Hallett v. WylieNew York Supreme Court · 1808
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3Cited by8 opinions
- Sterling Organ Co. v. HouseWest Virginia Supreme Court · 1884
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- Spear v. BakerCourt of Appeals of Maryland · 1912
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