Carter v. Eastman-Gardner Co.
Mississippi Supreme Court
Erom the chancery court of Simpson county. Hon. James L. McCaskill, Chancellor. Carter and wife, appellants, were complainants in the court below; the Eastman-Gardner Company, appellee, was defendant there. From a decree in defendant’s favor the complainants appealed to the supreme court. The facts are stated in the opinion of the court.
Read the full summary
Erom the chancery court of Simpson county. Hon. James L. McCaskill, Chancellor. Carter and wife, appellants, were complainants in the court below; the Eastman-Gardner Company, appellee, was defendant there. From a decree in defendant’s favor the complainants appealed to the supreme court. The facts are stated in the opinion of the court. For a case in point as to what constitutes fraud in law, see White v. Trotterj 14 Smed. & M. 42, 43. A contract, the making of which requires the exercise of discretion, made by one acting for both parties is voidable upon the application of either. No man…
1Opinion of the CourtHayes, J.
The original bill was filed on February 6, 1906, within a fewT months after the complainants deeded to Eastman-Gardner Co. the one hundred sixty acres of land in question, and about six years after the deed conveying the timber on same. Both deeds are sought to be canceled as fraudulent. As the consideration for the deed to the land to Eastman-Gardner Co. by Isom Carter and wife, which deed was made on November 1, 1905, Eastman-Gardner Co. conveyed to appellants another tract of land containing only one hundred acres. The consideration paid by EastmamGardner Co. for the timber on the same…
2Cited by10 opinions
- Grenada Auto Co. v. WaldropMississippi Supreme Court · 1940
- Hunt v. SherrillMississippi Supreme Court · 1943
- McCain v. CochranMississippi Supreme Court · 1929
- I. B. S. Mfg. Co. v. Dependents of CookMississippi Supreme Court · 1961
- Dabbs v. International Minerals & Chemical Corp.District Court, N.D. Mississippi · 1972
5 more not listed; retrieve them via the Exa API.