Swant v. Smith
Mississippi Supreme Court
Appeal from the Chancery Court of Lincoln County. Hon. Thos. Y. Berry, Chancellor. Pierre Becker & Son were by the complainant, Isaac Smith, made defendants by an amendment to his bill upon the allegation that they had some equity in the land, to which his was superior.
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Appeal from the Chancery Court of Lincoln County. Hon. Thos. Y. Berry, Chancellor. Pierre Becker & Son were by the complainant, Isaac Smith, made defendants by an amendment to his bill upon the allegation that they had some equity in the land, to which his was superior. They answered, stating that they had paid a balance of the purchase-money due M. J. Whitworth, the vendor of Swan and James F. Smith, for the land in controversy, taking an assignment of his reserved lien, and also a sum due J. W. Bennett for taxes paid by him, taking an assignment of a mortgage executed to him upon the land…
1Opinion of the CourtChalmers, J.
Isaac Smith and James T. Swan, who had been partners in the building of a public bridge for the county of Lincoln, submitted to arbitrators the settlement of their partnership accounts. By the award it was determined that Swan should pay the debts due by the firm to one Erwin and to one Watson, and should also pay to his partner Smith the sum of one hundred and twenty-eight dollars, for which sum he executed his due bill. Smith was to pay all other firm debts. This award was accepted by both parties' as satisfactory. Smith paid all the firm debts, the payment of which was allotted to him, but…
2Cases cited3 opinions
- Woods v. RidleyMississippi Supreme Court · 1854
- Short v. PorterMississippi Supreme Court · 1870
- Conway v. StrongCourt of Appeals of Mississippi · 1852
3Cited by2 opinions
- Commerce Bank of Lebanon v. Halladale A Corp.Missouri Court of Appeals · 1981
- Swan v. SmithMississippi Supreme Court · 1881