Martin v. Kelly
Mississippi Supreme Court
Appeal from the Chancery Court of Montgomery County. Hon. R. W. Williamson, Chancellor. In 1869, J. D. Butler contracted to buy land from Mrs. Le-grand, who executed a bond for title, but being unable to pay her all the purchase-money, he induced J. M. Doyle to advance One thousand four hundred dollars, on Jan. 23, 1871, and to take a deed from her, absolute in form.
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Appeal from the Chancery Court of Montgomery County. Hon. R. W. Williamson, Chancellor. In 1869, J. D. Butler contracted to buy land from Mrs. Le-grand, who executed a bond for title, but being unable to pay her all the purchase-money, he induced J. M. Doyle to advance One thousand four hundred dollars, on Jan. 23, 1871, and to take a deed from her, absolute in form. Doyle verbally agreed to convey the land to Butler, whenever the latter should repay the sum he had advanced, with fifteen per cent per annum interest. On Nov. 18, 1871, Doyle conveyed the land by absolute deed to Jackson Martin,…
1Opinion of the Court · CampbellCampbell, C. J.
C. D. Kelly exhibited this bill, claiming to be owner of the land purchased by him at the sale, under the decree in favor of J. C. Kelly & Co. The rights of J. C. Kelly & Co. as beneficiaries, under the deed of trust executed by J. D. Butler to secure his indebtedness to them, are not involved in this suit. Only the rights of C. D. Kelly, as alleged owner of the land, by virtue of the purchase mentioned, are to be passed on. He did not acquire any right as owner to the one hundred and sixty acres of land sold to J. F. Shirley before the suit of J. C. Kelly & Co. was instituted, because Butler…
Also in this document: Opinion of the Court · Campbell.
2Cases cited5 opinions
- Candler v. PettitNew York Court of Chancery · 1828
- Traver v. NicholsNew York Supreme Court · 1831
- Brown, Bros. v. Bank of MississippiMississippi Supreme Court · 1856
- Smith v. LockwoodWisconsin Supreme Court · 1874
- Dunn v. SutliffMichigan Supreme Court · 1847
3Cited by4 opinions
- Victory Sparkler & Specialty Co. v. PriceMississippi Supreme Court · 1927
- McClaskey v. BarrU.S. Circuit Court for the District of Southern Ohio · 1897
- Cahn v. WrightMississippi Supreme Court · 1918
- Grimes v. . AndrewsSupreme Court of North Carolina · 1916