Cases Argued and Decided in the Supreme Court of Mississippi Volume 21

Cases Argued and Decided in the Supreme Court of Mississippi Volume 21

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1850 edition. Excerpt: ...bill the injunction was reinstated, and subsequently on McDonald's motion the injunction was dissolved, and Green appealed. George Work, for appellant, Filed an elaborate argument, insisting that the record showed, that Green never could get title to one half the lot in controversy, and so the consideration of the note had failed; and, upon the principles laid down in 9 S. 61. M. 138, he was entitled to relief. On this point he reviewed the facts, and cited Litt. Sel. Ca. 412; 1 J. J. Marsh. 482; 2 lb. 239; 3 lb. 585; 5 lb. 701; 4 Monr. 701. He insisted further, that Green had not, under the facts, precluded himself from setting up this equity; and cited 4 How. 161; 5 lb. 698; 3 S. 6o M. 647, 683; 10 lb. 560; 1 Pet. 465; 4 Litt. 155. ' D. Shelton, for appellee, Contended that all the principles now involved, had been twice decided in this cause by the supreme court. First, as reported in 5 How. R. 542; and second, as reported in 9 S. 6o M. 138. The fact stated in the last supplemental bill does not take the case out of any one of those principles. They are also decided in the case of Coleman v. Rowe, 5 How. R. 460. Theso principles are, l. If the purchaser is aware of the condition of the title, at the time of the contract, equity will not relieve him against it. 5 How. R. 546; sustained by 3 Marsh. 288; 5 S. 6o R. 204; 13 lb. 386; 1 Fonbl. Eq. 272, n.; Walk. R. 244. 2. Green's contract to pay the money was independent of the Green v. McDonald. covenant of Finucane to make him title. 5 How. R. 544. In such a case, chancery will not enjoin the collection of the purchase-money. 5 How. 544, 545; also lb. 465-468; supported by a number of authorities, especially 2 J. C. R. 524. 3. Green was put into possession, and still holds it; more

Product details

  • Paperback
  • 189 x 246 x 17mm | 558g
  • United States
  • English
  • black & white illustrations
  • 1236974778
  • 9781236974778