Brooks v. Robinson
Mississippi Supreme Court
Appeal from the Chancery Court of Rankin County. Hon. W. B. Peyton, Chancellor. í> On Dec. 17, 1873, John W. Robinson filed his bill against George W. Brooks, alleging that, in December, 1866, he sold to Brooks certain described lands for $6,000; that $2,000 was paid in cash, and that the defendant gave his note for $4,000, with ten per cent interest per annum from date; and praying for an account to ascertain the balance due, and foreclosure of the vendor’s lien by sale of…
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Appeal from the Chancery Court of Rankin County. Hon. W. B. Peyton, Chancellor. í> On Dec. 17, 1873, John W. Robinson filed his bill against George W. Brooks, alleging that, in December, 1866, he sold to Brooks certain described lands for $6,000; that $2,000 was paid in cash, and that the defendant gave his note for $4,000, with ten per cent interest per annum from date; and praying for an account to ascertain the balance due, and foreclosure of the vendor’s lien by sale of the land. Exhibit to the bill, which was the note for $4,000, with the credits thereon, showed that on April 15, 1869, a…
1Opinion of the CourtCampbell, J.
The court below did not err in refusing to remand the cause to rules. It did not err in decreeing for the complainant. It did not err in directing! a sale of the entire tract of land subject to the decree in tracts not to exceed one hundred and *278sixty acres, and in not limiting the commissioner to a sale of only such parts of it as he found necessary to satisfy the decree. It was not necessary to express in the decree that only so much of the land as was found necessary to pay it should be sold by the commissioner. That is implied in every decree of the sort. The court has control of the sale…
2Cases cited5 opinions
- State of Connecticut v.JacksonNew York Court of Chancery · 1814
- McFadden v. FortierIllinois Supreme Court · 1858
- Fowler v. PayneMississippi Supreme Court · 1876
- Kilcrease v. LumMississippi Supreme Court · 1858
- Houston v. CrutcherMississippi Supreme Court · 1856
3Cited by5 opinions
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