Harkreader v. Clayton
Mississippi Supreme Court
Appeal from the Chancery Court of Lee County. Hon. Laeayette Haug-htoN, Chancellor. The case is stated in the opinion of the court. 1. The testimony shows that Wiley delivered his deed to Drane as an escrow, to be delivered to the Merritts upon the contingency of their paying the note for the purchase.-money, which note Drane also held for collection, with authority either to collect in person or through attorneys ; and that the money was paid and the deed delivered.
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Appeal from the Chancery Court of Lee County. Hon. Laeayette Haug-htoN, Chancellor. The case is stated in the opinion of the court. 1. The testimony shows that Wiley delivered his deed to Drane as an escrow, to be delivered to the Merritts upon the contingency of their paying the note for the purchase.-money, which note Drane also held for collection, with authority either to collect in person or through attorneys ; and that the money was paid and the deed delivered. In such case, the deed relates back to the first delivery, so that the-intervening death of the grantor cannot affect the…
1Opinion of the CourtSimrall, C. J.
This case has been heretofore in this court, on appeal from the order of the chancellor sustaining the demurrer and dismissing the bill. The cause was remanded, that the heirs of Leroy Wiley, deceased, might be made parties. They were necessary parties, inasmuch as the object of the suit was to specifically enforce the contract of their ancestor, and they, therefore, would be interested in any question affecting the title to the land. The relief sought by the complainant, administrator, etc., of Wiley, was to collect the balance due for purchase-money, by a sale of the land, if the original…
2Cases cited8 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Eyerts v. AgnesWisconsin Supreme Court · 1856
- Morgan v. Hazlehurst LodgeMississippi Supreme Court · 1876
- Dyson v. BradshawCalifornia Supreme Court · 1863
- Gaskins v. BlakeMississippi Supreme Court · 1854
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3Cited by30 opinions
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