Legal Opinion

Fisher v. Burk

Mississippi Supreme Court

Decided October 15, 1920No. 21241PublishedCited by 10 opinions

Appeal from chancery court of Yazoo county. I Ion. L. F. Easterling, Chancellor. Suit by William C. Fisher against Charles A. Burk and another. Separate demurrers to parts of the bill sustained as to all except certain matters, and plaintiff appeals. The chancellor erred in holding that the six years statute of limitations of the state of Mississippi barred the cause of action set up in the bill as amended. (A) Section 3097, chapter 87, Miss.

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Appeal from chancery court of Yazoo county. I Ion. L. F. Easterling, Chancellor. Suit by William C. Fisher against Charles A. Burk and another. Separate demurrers to parts of the bill sustained as to all except certain matters, and plaintiff appeals. The chancellor erred in holding that the six years statute of limitations of the state of Mississippi barred the cause of action set up in the bill as amended. (A) Section 3097, chapter 87, Miss. Code, provides: “All actions for which no other period of lipiitation is prescribed shall be commenced with in six years next after the cause of such…

1Opinion of the CourtEthridge, J.

Appellant filed a bill in the chancery court of Yazoo county, alleging that on and prior to the 26th day of March, 1908, he was the owner in fee simple of six hundred acres of land in Yazoo county, Miss.; that on the said date he entered into a contract with the appellees for the exchange of said lands for certain lands situated in the state of Illinois; that in said exchange the lands in Yazoo county were valued at seven thousand five hundred dollars, and the land in Illinois was valued at sixteen thousand dollars, less an incumbrance of five thousand five hundred dollars, which incumbrance…

2Cases cited7 opinions

  1. Trotter v. ErwinMississippi Supreme Court · 1854
  2. Robinson v. MooreMississippi Supreme Court · 1898
  3. Wright v. MordauntMississippi Supreme Court · 1899
  4. Louisville & Nashville Railroad v. PoolMississippi Supreme Court · 1894
  5. Fears v. SykesMississippi Supreme Court · 1858

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Shewbrooks v. AC AND S. INC.Mississippi Supreme Court · 1988
  2. Mary Sheets v. Richard G. BurmanCourt of Appeals for the Fifth Circuit · 1963
  3. Cummings v. CowanDistrict Court, N.D. Mississippi · 1975
  4. Guthrie v. THE MERCHANTS NAT. BANKMississippi Supreme Court · 1965
  5. Williams v. Taylor MacHinery, Inc.Mississippi Supreme Court · 1988

5 more not listed; retrieve them via the Exa API.

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