Sadler v. Bowles
Mississippi Supreme Court
Error to the Circuit Court of Lafayette county. Hon. A. M. Clayton, judge. Action at law by plaintiff in error on the first, second, and last notes given for the purchase of lands. Plea by defendant in error, that a bond for title was given, conditioned to make title upon payment of the notes and interest, and no deed made or tendered to him. Demurrer to plea, which was overruled, and plaintiff in error declining to reply, judgment “ nil capiat ” against him.
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Error to the Circuit Court of Lafayette county. Hon. A. M. Clayton, judge. Action at law by plaintiff in error on the first, second, and last notes given for the purchase of lands. Plea by defendant in error, that a bond for title was given, conditioned to make title upon payment of the notes and interest, and no deed made or tendered to him. Demurrer to plea, which was overruled, and plaintiff in error declining to reply, judgment “ nil capiat ” against him. Writ of error to this court. cited McMath v. Johnson, 41 Miss. cited Glopton v. Bolton, 23 Miss. Hep. 79 ; Echford v. Halbert, 30 ib.…
1Opinion of the Court
Shackelford, O. J.,
delivered the opinion of the court.
This is an action of debt instituted in the Circuit Court of Lafayette county, upon three promissory notes (with a seal attached to the signature of each note) drawn by J. R. Bowles in favor of S. J. Gholson, for the sum of $1,941.33 each, dated July 1,1861, and due and payable on the 19th of November, 1861, and on the 19th of November, 1862, and the last on the 19th of November, 1863.
The said notes were assigned by S. J. Gholson,- payee, to G. W. Rathbone, and by Rathbone to plaintiff in error.
The suit was instituted against Bowles as…
2Cases cited1 opinion
- Clopton v. BoltonMississippi Supreme Court · 1851
3Cited by1 opinion
- Colson v. Estate of JohnsonNebraska Supreme Court · 1924