Murphree v. Countiss
Mississippi Supreme Court
Appeal from the Chancery Court of Calhoun County. Hon. J. B. Morgan, Chancellor. The case is stated in the opinion of the court. If the complainant is seeking relief by virtue of his rights as assignee of Mrs. Newberger’s claim against the defendant, his case cannot be maintained. In the first place, there was no assignment to Countiss of any such claim, and no intention to make such assignment; and there was no claim to be assigned.
Read the full summary
Appeal from the Chancery Court of Calhoun County. Hon. J. B. Morgan, Chancellor. The case is stated in the opinion of the court. If the complainant is seeking relief by virtue of his rights as assignee of Mrs. Newberger’s claim against the defendant, his case cannot be maintained. In the first place, there was no assignment to Countiss of any such claim, and no intention to make such assignment; and there was no claim to be assigned. The only evidence of Murphree’s indebtedness was contained in the obligation held by himself against Countiss. There was no attempt by Newberger to assign the…
1Opinion of the CourtChalmers, C. J.
Mrs. Newberger sold to defendant, Murphree, a tract of land in Calhoun County, delivering to him an executory agreement, in writing, to make title upoji the payment of the purchase-money, $1,200. No note for the purchase-money was executed, but Murphree held possession of the land. When called upon to pay, Murphree applied to complainant, Countiss, to aid him. At a conference held between Murphree, Countiss, and Mrs. Newberger’s agent, it was agreed that the latter should receive *716from Countiss as cash certain securities owned by him; that Murphree should execute his note for the…
2Cases cited2 opinions
- Skaggs v. NelsonMississippi Supreme Court · 1852
- Cummings v. OglesbyMississippi Supreme Court · 1874
3Cited by4 opinions
- Baker v. BakerAppellate Court of Illinois · 1955
- Louisiana National Bank v. KnappMississippi Supreme Court · 1884
- Sandy Hook Bank's Trustee v. BearCourt of Appeals of Kentucky (pre-1976) · 1934
- Boucek v. PondelicekAppellate Court of Illinois · 1930