Partee v. Bedford
Mississippi Supreme Court
Appeal from tbe Chancery Court of Panola County. Hon. J. F. Simmons, Chancellor. The facts in this case are very fully stated in the opinion of the court. It is assigned for error that the court granted the relief prayed for in the bill of complainant, and in refusing the relief prayed for in defendant’s cross bill, and in dismissing the cross bill.
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Appeal from tbe Chancery Court of Panola County. Hon. J. F. Simmons, Chancellor. The facts in this case are very fully stated in the opinion of the court. It is assigned for error that the court granted the relief prayed for in the bill of complainant, and in refusing the relief prayed for in defendant’s cross bill, and in dismissing the cross bill. It is evident from the facts and circumstances that Bobo’s note was taken as absolute payment of the amount represented by it, and not as collateral security or conditional payment. The legal title was reserved to protect the unpaid purchase…
1Opinion of the CourtSimrall, J.
At the time of the purchase of the section of land by Partee from B. W. Bedford, Jr., in March, 1862, he paid $1,000 in cash and delivered to him the note of W. S. Bobo for $3,331.70, and also executed his own notes, one due at twelve months after date, the other twenty-four months after due, for $3,200 and $2,013.65, respectively. Bedford gave a bond to convey the title upon final payment being made. A suit in chancery was brought by the *87personal representative of B. Bedford, deceased, and his heirs, alleging that there was due and unpaid a large balance on the notes of W. S. Bobo, and that…
2Cases cited3 opinions
- Whitbeck v. Van NessNew York Supreme Court · 1814
- Davis v. Richardson & MayMississippi Supreme Court · 1871
- Taylor & Myers v. ConnerMississippi Supreme Court · 1868
3Cited by2 opinions
- Caldwell v. HallSupreme Court of Arkansas · 1887
- Magnolia Textiles, Inc. v. GillisMississippi Supreme Court · 1949