Burton v. Wells
Mississippi Supreme Court
IN error to the Circuit Court of Kemper county. Hon. John Watts, judge. The facts are fully stated in the opinion of the court, and the instructions are contained in the brief of counsel for plaintiff in error.
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IN error to the Circuit Court of Kemper county. Hon. John Watts, judge. The facts are fully stated in the opinion of the court, and the instructions are contained in the brief of counsel for plaintiff in error. The court charged the jury, at the request of Wells, that if they believed, from the evidence, that Burton got entire possession of the land by agreement with Wells, and retained the same in pursuance thereof, that was a sufficient consideration for a promise to refund the $50 paid by Wells. To this charge, Burton excepted. The court charged the jury, at the request of Burton:— 1.…
1Opinion of the Court
Fishes, J.,'
delivéred the opinion of the court.. The defendant in error sued the plaintiff in error, before a justice of the .peace of Kemper county, upon a claim for $50, and the justice rendering judgment for the defendant, in-the action before him, the plaintiff prosecuted his appeal to the Circuit Court of said county, where judgment was' rendered for the plaintiff below, and from which judgment the cause. is brought into this court by writ of error. The facts are as follows:—
Burton, the defendant below, and Wells, the plaintiff, purchased jointly a tract of land from one Rowe, and paid…
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