Longmire v. Mars
Mississippi Supreme Court
Appeal from chancery court of Neshoba county. IIon. T. P. Guyton), Chancellor. Suit by W. H. Mars and others against W. C. Longmire. Decree for plaintiffs on overruling of defendant’s demurrer, and defendant appeals. At- the very outset of consideration of this cause we are presented Avith the question as to whether or not a deed, good on its face, can be set aside and cancelled for a failure to pay the purchase money or for failure of consideration.
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Appeal from chancery court of Neshoba county. IIon. T. P. Guyton), Chancellor. Suit by W. H. Mars and others against W. C. Longmire. Decree for plaintiffs on overruling of defendant’s demurrer, and defendant appeals. At- the very outset of consideration of this cause we are presented Avith the question as to whether or not a deed, good on its face, can be set aside and cancelled for a failure to pay the purchase money or for failure of consideration. This court has repeatedly held that this cannot be done. In all respects the deed from the Pooles to Long-mire is a good and valid deed and for…
1Opinion of the CourtSykes, J.
The appellees, W. H. Mars, J. A. Poole, and M. N. Poole, brought suit in the chancery court against the appellant *81■defendant in the loAver court, praying for the cancellation of a deed executed by the Pooles to Longmire alleging this deed to be a cloud upon the title of Mars. The bill specifically sets out the title of the appellant and appellees as folloAvs: That the two Pooles, husband and \Adfe, were the owners of the land specifically described, and on the 22d day of April, 1912, executed to the complainant Mars a deed of trust in Avhicli this land was conveyed to a trustee to secure an…
2Cases cited6 opinions
- Dixon v. MillingMississippi Supreme Court · 1912
- Day v. DavisMississippi Supreme Court · 1886
- George v. Louisville & Nashville RailroadMississippi Supreme Court · 1906
- Cook v. FrileyMississippi Supreme Court · 1883
- Gambrell Lumber Co. v. Saratoga Lumber Co.Mississippi Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cotton v. McConnellMississippi Supreme Court · 1983
- Campbell v. State Highway CommissionMississippi Supreme Court · 1951
- Covington v. ButlerMississippi Supreme Court · 1970
- Salmon v. ThompsonMississippi Supreme Court · 1980
- Mills v. Damson Oil Corp.Court of Appeals for the Fifth Circuit · 1982
4 more not listed; retrieve them via the Exa API.