Henry v. Dillard
Mississippi Supreme Court
Feom tbe circuit court of Yazoo county. HoN. J. B. CheismaN, Judge. The husband of appellee purchased a mare upon credit under an agreement with the seller that if payment was not made in the fall, title should not pass.
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Feom tbe circuit court of Yazoo county. HoN. J. B. CheismaN, Judge. The husband of appellee purchased a mare upon credit under an agreement with the seller that if payment was not made in the fall, title should not pass. The husband was unable to pay, and his wife, the appellee, under an agreement with the seller, was substituted as purchaser in place of her husband, and paid for the mare with the proceeds of a bale of cotton, which her husband had given to her for aid rendered him in his crop. Appellee traded this mare for another, which afterwards had a colt. Some time after that, the…
1Opinion of the CourtWoods, C. J.
We concur in the findings of facts and the judgment of the court below. Those facts, fairly considered, put the rights of the appellee to the property in suit, wholly outside of the reach of the rule established by section 1178, of our code.
The court, too, correctly refused to vacate the judgment, because, as alleged in appellant’s motion for a new trial, there was no separate finding of the value of each article. A mare and her young offspring may¿ we think, be properly considered, according to common understanding, as so necessarily and intimately connected together, as to constitute one…
2Cited by4 opinions
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- Carruth v. EasterlingMississippi Supreme Court · 1963
- Whittaker v. GoodwinMississippi Supreme Court · 1910
- Fox v. TyroneMississippi Supreme Court · 1913