Connor v. Tippett
Mississippi Supreme Court
Error to the Chancery Court of Noxubee County. Hon. L. Brame, Chancellor. The sale of an equity in land is not within the Statute of Frauds. In several cases this court has sustained verbal sales of such interests. Russell v. Watt, 41 Miss. 602; McLain v. Thompson, 52 Miss. 418. If a note, secured by lien, is assignable by delivery, why is not a bond for title ? To hold that the statute applies to all interests in land would seriously embarrass the business of the country.
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Error to the Chancery Court of Noxubee County. Hon. L. Brame, Chancellor. The sale of an equity in land is not within the Statute of Frauds. In several cases this court has sustained verbal sales of such interests. Russell v. Watt, 41 Miss. 602; McLain v. Thompson, 52 Miss. 418. If a note, secured by lien, is assignable by delivery, why is not a bond for title ? To hold that the statute applies to all interests in land would seriously embarrass the business of the country. W. M. Connor is es-topped to defend, upon the ground that no title passed, for he is insolvent, and has sold the land…
1Opinion of the CourtChalmers, J.
W. S. Connor owned and occupied, under a bond for title, a tract of land in Noxubee county, known as the Walker tract. W. M. Connor owned and occupied, in the same way, a tract known as the Tippett place. They agreed to exchange lands, and each surrendered to the other possession of the respective tracts, and transferred by delivery the respective title-bonds. No written assignment was made as to either. The full amount due on the Tippett place to the original vendor having been paid, this bill is filed by the widow of W. S. Connor against A. W. Tippett and W. M. Connor to compel the…
2Cases cited1 opinion
- Shivers v. SimmonsMississippi Supreme Court · 1877
3Cited by4 opinions
- Bridgeforth v. MiddletonMississippi Supreme Court · 1939
- Flinner v. McVayMontana Supreme Court · 1908
- Bird v. SteinDistrict Court, S.D. Mississippi · 1952
- Laverents v. GattisWyoming Supreme Court · 1944