Legal Opinion

Hill v. Samuel

Mississippi Supreme Court

Decided April 15, 1856PublishedCited by 5 opinions

Appeal from the Superior Court of Chancery. Hon. Charles Scott, chancellor. Insisted that as Thompson had no title, and could not therefore comply with his title bond, Hill had a right to abandon the contract at any time. That it is well settled, even at law, that the vendor who has given a title bond only, could not recover for the purchase-money, unless he had a good title, and was able to make a conveyance according to his bond.

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Appeal from the Superior Court of Chancery. Hon. Charles Scott, chancellor. Insisted that as Thompson had no title, and could not therefore comply with his title bond, Hill had a right to abandon the contract at any time. That it is well settled, even at law, that the vendor who has given a title bond only, could not recover for the purchase-money, unless he had a good title, and was able to make a conveyance according to his bond. Halloway v. Moore, 4 S. & M. 594; Liddell v. Sims, 9 lb. 596; Fearnster v. May, 13 lb. 275; Gfreenj. M‘Donald, lb. 445; Wiggins v. M‘Grimpsey, lb. 532; Mobley v.…

1Opinion of the CourtHandy, J.

The appellee filed this bill in the Superior Court of Chancery, stating in substance, that on the 25th of March, 1842, James C. Wilkins and wife sold the tract of land involved in the suit to one Tucker, by deed duly executed, acknowledged, and recorded; and that on the 27th of February, 1847, Tucker conveyed the land to Manlius Y. Thompson, as trustee, with power to sell, and out of the proceeds, to pay a debt due by David Suggett (by whom the purchase-money was paid to Tucker,) to one Cocks, and to apply the residue to a debt due by Suggett to Samuel, the complainant. This deed of trust was…

2Cases cited1 opinion

  1. Hudson v. WatsonMississippi Supreme Court · 1853

3Cited by5 opinions

  1. Kirkpatrick v. MillerMississippi Supreme Court · 1874
  2. Dyer v. BrittonMississippi Supreme Court · 1876
  3. Montgomery v. GibbsSupreme Court of Iowa · 1875
  4. Aston v. RobinsonMississippi Supreme Court · 1873
  5. Scott v. NewellSupreme Court of South Carolina · 1928

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