Rembert v. Key
Mississippi Supreme Court
Appeal from the Chancery Court of Jefferson County. Hon. H. S. Van Eaton, Chancellor. The caséis stated in the opinion of the court. 1. One of the grounds of demurrer is, “ that the facts show that the questions presented for relief have been adjudicated.” But there is a manifest difference between this suit and the one brought by Bullen.
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Appeal from the Chancery Court of Jefferson County. Hon. H. S. Van Eaton, Chancellor. The caséis stated in the opinion of the court. 1. One of the grounds of demurrer is, “ that the facts show that the questions presented for relief have been adjudicated.” But there is a manifest difference between this suit and the one brought by Bullen. The bill filed by Bullen was deficient in not tendering a deed, as inquired by the covenants of the contract, and was therefore properly dismissed. This was one of the points for decision in the former suit; the other was the Statute of Limitations. The…
1Opinion of the CourtChalmers, C. J.
The bill which is demurred to shows this state of facts : Mrs. M. J. Stewart purchased real estate with her children’s money, taking the deed in her own name. In 1868 she sold it by title-bond to Mrs. Fannie Key, receiving one-half the purchase-money in cash, the other half to be paid in twelve months.
Mrs. Key died in 1870, after the maturity of the deferred sum, and without having made payment of it. There has never been any administration upon her estate. In 1874 Mrs. Stewart executed a deed whereby she conveyed the real estate in question, with some other parcels, to one Bullen, as…
2Cases cited1 opinion
- Boyce v. FrancisMississippi Supreme Court · 1879