Erskine v. Forbes
Mississippi Supreme Court
The record in this case begins with cross-bill of John Erskine, which stated substantially as follows: That on November 21, 1876, T. H. and J. M. Allen & Co. and Geo. W. Arnold, executor of Julia E. Perry (lately Julia E. Locke), executrix of A. J. Locke, deceased,' and Wm.
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The record in this case begins with cross-bill of John Erskine, which stated substantially as follows: That on November 21, 1876, T. H. and J. M. Allen & Co. and Geo. W. Arnold, executor of Julia E. Perry (lately Julia E. Locke), executrix of A. J. Locke, deceased,' and Wm. D. Perry, her husband, and A. G. Smith filed their original bill against Eorbes, Fitzpatrick, and Pittman and alleged that said executor and executrix and Smith sold certain lands to one Erskine, giving him a bond for title conditioned to convey the land on payment of two notes for $2,265.75 each, dated May 22, 1872, and…
1Opinion of the Court 1
Opinion.
2Opinion of the Court · CooperCooper, J.
By his original and supplemental cross-bills the appellee, Forbes, attempted to deal with the land in two antagonistic characters. By the first he claims that his mortgage, though executed by Mr. Erskine alone, is valid because Mr. Erskine was the owner of the land mortgaged. By his supplemental cross-bill, he insists that Mrs. Erskine cannot enforce the payment of the notes given in purchase of the land by Mr. Erskine, and which were confessedly valid in the hands of Allen & Co., on the ground that she was the real purchaser of the land, and for this reason the purchase of the notes…
3Cases cited6 opinions
- Dewees v. DeweesMississippi Supreme Court · 1877
- Moore v. LackeyMississippi Supreme Court · 1876
- Kausler v. FordMississippi Supreme Court · 1872
- Louisiana National Bank v. KnappMississippi Supreme Court · 1884
- Mhoon v. WilkersonMississippi Supreme Court · 1873
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