Legal Opinion

Tucker v. Field

Mississippi Supreme Court

Decided October 15, 1875PublishedCited by 4 opinions

Appeal from the Chancery Court of Lee County. Hon. O. H. Whitfield, Chancellor. The facts in this case are very fully set forth in the opinion of the court. It is assigned for error, that “ the court erred in sustaining the demurrer of defendant to complainants bill of complaint.” The description of the land is sufficient. Nixon’s Heirs v. Carco’s Heirs, 28 Miss., 426; 1 Story Eq., §§ 168, 169. Parol evidence is admissible.

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Appeal from the Chancery Court of Lee County. Hon. O. H. Whitfield, Chancellor. The facts in this case are very fully set forth in the opinion of the court. It is assigned for error, that “ the court erred in sustaining the demurrer of defendant to complainants bill of complaint.” The description of the land is sufficient. Nixon’s Heirs v. Carco’s Heirs, 28 Miss., 426; 1 Story Eq., §§ 168, 169. Parol evidence is admissible. McGuire v. Stevens, 42 Miss., 731; Nixon v. Porter, 34 id., 707; Carmichael v. Foley, 1 How., 591; Peacher v. Strauss, 47 Miss., 853. Uncertain descriptions are even held…

1Opinion of the CourtPeyton, C. J.

On the 21st day of January, 1861, Thomas Goode Tucker loaned to one Charles G. Field eleven thousand dollars, as evidenced by his writing obligatory to that date. To secure the payment of which, the said Charles G. Field executed at the same time a deed of trust on a certain tract of land lying in Itawamba county, in this state, containing one hundred and sixty acres, known and designated as the Hill tract, situated on Ohiwappa creek, in said county, with a more particular description of section, township and range ; and on three other tracts or parcels of land lying in Pontotoc county, in…

2Cases cited2 opinions

  1. Ryerss v. WheelerNew York Supreme Court · 1839
  2. Pickett v. Buckner, Newman & Co.Mississippi Supreme Court · 1871

3Cited by4 opinions

  1. Jones v. HicksonMississippi Supreme Court · 1948
  2. Herod v. RobinsonMississippi Supreme Court · 1927
  3. McManus v. WilsonMississippi Supreme Court · 1924
  4. Platt's Appeal from ProbateSupreme Court of Connecticut · 1888

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