Wiggins v. McGimpsey ex rel. Robertson
Mississippi Supreme Court
In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. John W. P. McGimpsey, who sued for the use of the Commercial Bank of Natchez, on the 5th of October, 1843, sued Theophilus B. Wiggins and others, on their note for $750, dated March 15, 1839, and due twelve months after date. The defendants pleaded non assumpsit. ' On the trial, the plaintiffs read the note in evidence, and rested their case.
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In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. John W. P. McGimpsey, who sued for the use of the Commercial Bank of Natchez, on the 5th of October, 1843, sued Theophilus B. Wiggins and others, on their note for $750, dated March 15, 1839, and due twelve months after date. The defendants pleaded non assumpsit. ' On the trial, the plaintiffs read the note in evidence, and rested their case. The defendants then offered in evidence this agreement between Wiggins and McGimpsey, viz. : “Theo. B. Wiggins has this day purchased a tract of land of me, and in part…
1Opinion of the CourtJustice Smith
This was an action of assumpsit brought in the circuit court of Madison, on the promissory note of the plaintiffs in error. The note was given to secure, in part, the purchase-money of a tract of land sold by McGimpsey, the nominal plaintiff below, to Wiggins, one of the plaintiffs in error, in 1839. The defence set up was a failure of consideration. It appears that Wiggins was let into the possession of the land, and continued to hold it until after a resale to McGimpsey, or a rescission of the contract for the purchase and sale, when he returned the possession to the latter. Before this…
2Cases cited2 opinions
- United States v. TillotsonSupreme Court of the United States · 1827
- Paige v. SessionsSupreme Court of the United States · 1846