Louisiana National Bank v. Knapp
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. The facts are stated in the opinion. 1. It seems clear that, though there is in the bill a prayer for general relief, none other would be admissible under it than the enforcement of a vendor’s lien. To obtain this is the entire scope and purport of the bill. Any other relief would operate a surprise on defendants not to be tolerated.
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Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. The facts are stated in the opinion. 1. It seems clear that, though there is in the bill a prayer for general relief, none other would be admissible under it than the enforcement of a vendor’s lien. To obtain this is the entire scope and purport of the bill. Any other relief would operate a surprise on defendants not to be tolerated. Daniell, Ch. 3, C. & Pr. top 449, 450; Code 1880, § 1868. 2. However, we think the court will conclude that the bill entitles the complainant to no relief of any description. If it…
1Opinion of the CourtChalmers, J.
Powell and wife received title to a house and lot in the town of Bolton from Bonnie and wife under a deed from the latter, which admonished all the world that the deferred- note to the latter was a lien on the land, though the word lien was not contained in the *489deed. Mrs. Knapp for this house and lot in Bolton swapped to Powell a piece of laud in the country containing one hundred and twenty acres. Mutual warranty deeds passed between the parties, Powell warranting the title to the house and lot in Bolton, and Mrs. Knapp warranting the title to the one hundred and twenty acres in the country.…
2Cases cited14 opinions
- Pinchain v. CollardTexas Supreme Court · 1855
- Burns v. TaylorSupreme Court of Alabama · 1853
- Pratt v. ClarkSupreme Court of Missouri · 1874
- Lee v. NewmanMississippi Supreme Court · 1877
- Bryant v. StephensSupreme Court of Alabama · 1877
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3Cited by6 opinions
- Box v. EarlyMississippi Supreme Court · 1938
- Johnson v. BurksMissouri Court of Appeals · 1903
- Lissa v. PoseyMississippi Supreme Court · 1886
- Bates v. ChildersNew Mexico Supreme Court · 1889
- Bates v. ChildersNew Mexico Supreme Court · 1889
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