Macrae v. Goodbar
Mississippi Supreme Court
From tbe chancery court of Quitman county. FIon. A. McO. Kimbrough, Chancellor. Macrae and others, appellants and cross-appellees, were complainants in the court below; GoodbaT and others, appellees and cross-appellants, were defendants there.
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From tbe chancery court of Quitman county. FIon. A. McO. Kimbrough, Chancellor. Macrae and others, appellants and cross-appellees, were complainants in the court below; GoodbaT and others, appellees and cross-appellants, were defendants there. The facts were these: On Dec. 8, 1890, one F. C. Sims, a merchant of Court-land, Panola county, Miss., sold his entire stock of merchandise and book accounts to Macrae and others, the appellants, and he also conveyed to them at the same time a tract of land, in section 13, in Quitman county, and, assigned to- them a bond for title which he held to…
1Opinion of the CourtCalhoon, J.
Sims did not sell the land in section 24, to which he had a bond for title by assignment from Isbell & Deaton. ,IIe simply assigned this bond to Macrae and others, appellants, who thus became invested with only an,equitable right, on the payment of the balance of the purchase price, to demand title from the Jamisons, who held the legal title. The statutes .requiring registration of deeds, etc., for the protection of innocent purchasers and creditors do not apply in such case. Such laws must be strictly construed in favor of the holders of equities. They refer to legal titles, and not to such…
2Cases cited5 opinions
- Huntington v. AllenMississippi Supreme Court · 1870
- Wailes v. CooperCourt of Appeals of Mississippi · 1852
- Mississippi Valley Co. v. Chicago, St. Louis, & New Orleans RailroadMississippi Supreme Court · 1881
- Byars's Garnishees v. GriffinMississippi Supreme Court · 1856
- Martin v. NashMississippi Supreme Court · 1856