Strickland v. Kirk
Mississippi Supreme Court
Appeal from the Chancery Court of Marshall County. Hon. L. C. Abbott, Chancellor. The facts of the case are very fully set out in the opinion of the court. The following is assigned for error: “ The court below erred in overruling the demurrer filed to the bill by appellants, and perpetuating the injunction.” Strickland, trustee, is a bona fide purchaser for value (Kelly v. Mills, 41 Miss., 267), and stands in a better condition than a judgment creditor.
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Appeal from the Chancery Court of Marshall County. Hon. L. C. Abbott, Chancellor. The facts of the case are very fully set out in the opinion of the court. The following is assigned for error: “ The court below erred in overruling the demurrer filed to the bill by appellants, and perpetuating the injunction.” Strickland, trustee, is a bona fide purchaser for value (Kelly v. Mills, 41 Miss., 267), and stands in a better condition than a judgment creditor. Money v. Dorsey, 7 S. & M., 22 ; 1 Story Eq., § 408; 4 Kent, 154; 41 Miss., 884; Parker v. Eoy, 43 id., 265. See, also, Frazer v. Eobinson,…
1Opinion of the CourtSimrall, J.
In October, 1865, Kirk bought of Long a certain tract of land, and agreed to pay for it in cotton, to be delivered in annual installments. The last, for 2,500 pounds, or five bales of 500 pounds each, matured the 20th of October, 1869. Long gave to Kirk a bond for title in the penalty of $9,000, conditioned to execute a deed on payment of the entire consideration. Kirk went into immediate possession of the premises, and -has continued since in their occupancy. The title bond was never recorded.
*797In July, 1869, Long executed a deed conveying the same land to Strickland in trust, to secure a loan…
2Cases cited4 opinions
- Jackson ex dem. Curtis v. BronsonNew York Supreme Court · 1822
- Pitts v. ParkerMississippi Supreme Court · 1870
- Bell v. FlahertyMississippi Supreme Court · 1871
- Bentaloe v. PrattU.S. Circuit Court for the District of Eastern Pennsylvania · 1801
3Cited by12 opinions
- Tate v. Pensacola, Gulf, Land & Development Co.Supreme Court of Florida · 1896
- Taylor v. Interstate Investment Co.Washington Supreme Court · 1913
- Rosenstock v. Mississippi Home InsuranceMississippi Supreme Court · 1903
- Clark v. WilsonMississippi Supreme Court · 1876
- Strang v. HallSupreme Court of Iowa · 1906
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