Burford v. Kersey
Mississippi Supreme Court
Appeal from the chancery court of De Soto county. Simmons, Chancellor. The facts appear in the opinion of the court. A party failing to assert a claim in a suit in equity, in which it might have been litigated with propriety, will not be permitted afterwards to enforce it in a second suit, unless the failure to do so was caused by the fraud of his adversary.
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Appeal from the chancery court of De Soto county. Simmons, Chancellor. The facts appear in the opinion of the court. A party failing to assert a claim in a suit in equity, in which it might have been litigated with propriety, will not be permitted afterwards to enforce it in a second suit, unless the failure to do so was caused by the fraud of his adversary. See Stewart v. Stebbins, 30 Miss. 66. It may be alleged that the purchase of the land was a partnership purchase between Everson and Mrs. Kersey. Does that give Mrs. Kersey any advantage over Burford? Is there any principle of law that…
1Opinion of the Court
Tarbell, J.:
This case is believed to be more complicated than difficult, and the single question, when evolved, is, in *645this court, not an open one. Mrs. Kersey and Thomas M. Everson were co-partners in planting, in 1866, on a plantation belonging to the estate of Thomas Everson, deceased. In 1867 Mrs. K. and said Thomas M. purchased said plantation in partnership, at the administrator’s sale, for the sum of $2,160, of which one-half was to be paid in cash and the balance in twelve months. Mrs. K. paid in cash one-half the cash payment. Everson paid only $110, and they gave their joint note…
2Cases cited4 opinions
- Ladner v. OgdenMississippi Supreme Court · 1856
- Stewart v. StebbinsMississippi Supreme Court · 1855
- Tarleton v. CoxMississippi Supreme Court · 1871
- Mezeix v. McGrawMississippi Supreme Court · 1870
3Cited by3 opinions
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- Belle v. BrownOregon Supreme Court · 1900
- Black v. BlodgettMississippi Supreme Court · 1933