Riley v. Moseley
Mississippi Supreme Court
Appeal from the chancery court of DeSoto county. Tbot-ter, J. [ The facts of this case are sufficiently stated in the opinion of the court. The appellant assigned the following error: That the court below erred in the final decree in denying the relief sought by the bill of complaint, and in granting the prayer of the defendant’s cross bill.
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Appeal from the chancery court of DeSoto county. Tbot-ter, J. [ The facts of this case are sufficiently stated in the opinion of the court. The appellant assigned the following error: That the court below erred in the final decree in denying the relief sought by the bill of complaint, and in granting the prayer of the defendant’s cross bill. If the payment made by complainant to Wimberly, the Tennessee administrator, was a good payment, then he was clearly entitled ta a deed, and the decree below must be reversed. According to the terms of the title bond which he held he was to have a deed…
1Opinion of the Court
Simkall, J. :
The single question for solution in this case is, whether the payment made by Riley to Wimberly, the administrator in Tennessee, of Moore, deceased, was a legal discharge of the debt. This question arises on this condition of facts: Moore, the decedent, sold to Riley, and gave bond to make title on pay-*43jment of the money, a tract of land in DeSoto county, Mississippi, in 1866, for $2,500 in Confederate money. Riley gave his note at one day after date, which’was a fair price at the time. Shortly after the sale, Moore, in feeble health, went to Memphis Tennessee, for medical…
2Cases cited7 opinions
- Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818
- Doolittle v. LewisNew York Court of Chancery · 1823
- Morrell v. DickeyNew York Court of Chancery · 1814
- Wells v. WellsMississippi Supreme Court · 1858
- Sturdivant v. NeillMississippi Supreme Court · 1854
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3Cited by4 opinions
- Woodville v. PizzatiMississippi Supreme Court · 1919
- Jefferson v. GloverMississippi Supreme Court · 1872
- Cutrer v. StateMississippi Supreme Court · 1910
- Cutrer v. StateMississippi Supreme Court · 1910