Green v. State
Mississippi Supreme Court
ERROR to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. The case is sufficiently stated in the opinion of the court.
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ERROR to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. The case is sufficiently stated in the opinion of the court. The doctrine upon which we rely is, that where two persons intend a sale and purchase, and agree upon fair equivalences, and the vendee pays the agreed value, but the vendor refuses, because he will not, or fails because he cannot, to convey the title, and afterwards again sells the land, and receives payment a second time, and by the second sale parts with the title, he must pay back the money which the first purchaser paid to him in good faith. And the first…
1Opinion of the CourtChalmers, J.
Plaintiff was the holder of certain land-scrip, which by law he had the right to locate, at any time previous to October, 1853, on any ¿unoccupied swamp and overflowed land in the County of Tunica, from the Board of Police of which county he had purchased it, though the land belonged to the State, and the patent was to be issued by her officers. He elected to locate it upon land lying in Attala County; and both he and the secretary of state supposing that he had a right to do so, the scrip was surrendered to that officer and by him marked cancelled, and a patent delivered for the land…
2Cases cited4 opinions
- Preble v. BaldwinMassachusetts Supreme Judicial Court · 1850
- Green v. IrvingMississippi Supreme Court · 1877
- Jackson v. DilworthMississippi Supreme Court · 1861
- Carter v. GravesMississippi Supreme Court · 1841