Green v. McCarroll
Court of Appeals of Mississippi
In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. This was an action of assumpsit, instituted in the circuit court of Madison county, on two notes executed by plaintiff in error to defendant in error, dated 1st of May, 1838; and several pleas were filed, and the pleas of the statute of limitations were withdrawn, but four other pleas were filed and relied on.
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In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. This was an action of assumpsit, instituted in the circuit court of Madison county, on two notes executed by plaintiff in error to defendant in error, dated 1st of May, 1838; and several pleas were filed, and the pleas of the statute of limitations were withdrawn, but four other pleas were filed and relied on. The first was non assumpsit; 2d, that the notes were given for land which was illegally sold; 3d, that the party who sold the land had no right to do so; 4th, the defendant in error had no interest in the…
1Opinion of the CourtJustice Fisher
This was an action in the circuit court of Madison county, against the plaintiff in error, founded upon his promissory note to the defendant.
The record presents this question: the defendant in error, as administrator of Z. Banfield, deceased, in December, 1836, sold a tract of land, belonging to the intestate, at public sale, to one James H. Andrews, who failed to pay the purchase-money. This contract was, by consent of the parties, cancelled in 1838, and the land sold by the defendant in error and Andrews, and conveyed by a deed of general warranty to the plaintiff in error, who gave, to…
2Cited by1 opinion
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