Upshaw v. Hargrove
Mississippi Supreme Court
In error, from the district chancery court, held at Holly Springs; Hon. Henry Dickinson, vice-chancellor. . .On. the 25th of April, 1844, Wilson T. Caruthers filed his bill in the vice-cháncery court, in which he alleged that Arthur M. M. Upshaw and himself entered into a written agreement on the 18th of December, 1839, in these words, viz.
Read the full summary
In error, from the district chancery court, held at Holly Springs; Hon. Henry Dickinson, vice-chancellor. . .On. the 25th of April, 1844, Wilson T. Caruthers filed his bill in the vice-cháncery court, in which he alleged that Arthur M. M. Upshaw and himself entered into a written agreement on the 18th of December, 1839, in these words, viz. “ Whereas Wilson T. Caruthers, of Holly Springs, Miss., has this day executed to Ann Hamilton Upshaw and her heirs, his deed for two sections of land, viz.: Sections ten and fifteen, township four, range one, west, Chickasaw cession, N. Miss.; in…
1Opinion of the CourtJustice Clayton
The main question in this cause, is whether the vendor, under the circumstances, retained any lien upon the land which he conveyed, for the purchase-money. The circumstances relied on to defeat the lien, are that the land was sold to Arthur M. Upshaw, and his written agreement taken for the adjustment of the price, but the land was conveyed to Ann Hamilton Upshaw, the wife of the appellant. The agreement as to the payment was, that other lands should be conveyed by A. M. Upshaw, in the Chickasaw cession, the titles to which were not then complete; but if the titles to the lands designated…
2Cases cited3 opinions
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Gouverneur v. TitusNew York Court of Chancery · 1837
- White v. BuloidNew York Court of Chancery · 1831
3Cited by1 opinion
- Eisenberg v. Grand Bank for Savings, FSBDistrict Court, S.D. Mississippi · 2002