Shackelford v. Brown
Mississippi Supreme Court
Eroh the chancery court of Lauderdale county. Hon. W. T. Houston, Chancellor. For the facts, reference is made to the opinion. The only fraud alleged is the violation by Stroud of his contract to pay the taxes. It was the duty of appellee to pay taxes on her own land, and the alleged agreement was to answer for the debt of another, and was within the statute of frauds.
Read the full summary
Eroh the chancery court of Lauderdale county. Hon. W. T. Houston, Chancellor. For the facts, reference is made to the opinion. The only fraud alleged is the violation by Stroud of his contract to pay the taxes. It was the duty of appellee to pay taxes on her own land, and the alleged agreement was to answer for the debt of another, and was within the statute of frauds. Again, it is to be construed as an agreement to pay the taxes subsequent to 1875, which was an agreement not to be performed within a year, and was therefore void, because not in writing. The agreement, being a nullity, did not…
1Opinion of the CourtCooper, C. J.
This is a bill exhibited by the appellee against the appellant seeking cancellation of a hostile title asserted by appellant to the southwest quarter of northwest quarter of section nine, township six, range sixteen, east, in Lauderdale county. The complainant alleges that she is the real owner of said lands, and that, in the year 1875, one Stroud, the father of the defendant, was the owner of the southeast quarter of northwest quarter of said section; that, by accident and mistake, in said year the land of appellant was assessed to Stroud and his land was assessed to her; ‘ ‘ that this mixed…
2Cases cited4 opinions
- Clark's Executors v. Van RiemsdykSupreme Court of the United States · 1815
- Toulme v. ClarkMississippi Supreme Court · 1886
- Carpenter v. EdwardsMississippi Supreme Court · 1887
- M'Gehee v. WhiteMississippi Supreme Court · 1856
3Cited by2 opinions
- Stuckey v. Provident BankMississippi Supreme Court · 2005
- Isaac Stuckey v. Provident BankMississippi Supreme Court · 2003