Aston v. Robinson

Citations

• 49 Miss. 348

Syllabus

<p>1. Chancers: Practice — Equity Jurisdiction — Specific Performance. — Tho jurisdiction of a court of equity to enforce specifically a contract, though it is said to rest in judicial discretion, yet it is exercised according to sound and fixed rules and within certain defined limits, hut is controlled largely hy the circumstances of the individual case. Griffith v. Frederick County Bank, 6 Gill & John., 421.</p> <p>2. Same — Whfn Exercised. — The requisites, upon which this equity arises, are, the performance must be necessary; there must he a valuable consideration; it must be practicable ; tho agreement must be certain and mutual. Ordinarily it will not be exerted in reference to agreements about chattels.</p> <p>3. Same — When the Brain: Arises. — The right arises when a contract, binding in law, has been infringed, and the remedy at law, hy damages, is inadequate. Adams Equity, 182. Agreements for the sale of real estate furnish a subject-matter to call forth the jurisdiction. Hester v. Hooker, 7 tí. & M., 768 ; Clement v. Beid, 9S. & M., 535. The contract must be fair, not hard and unconscientious on either party. Daniel v. Erazier, 40 Miss. R., 507.</p> <p>4. Outstanding Tule — Rule on this Subject. — Tho doctrine is well established that if the vendee pay off an incumbrance, or buy in an outstanding title, he shall be considered as doing so for tho protection of the vendor’s title, and will only be entitled to he credited on the purchase money for wjiat he has so advanced. Hardeman v. Cowan, 10 S. & M., 486 ; Hill v. Samuel, 31 Miss. Bop., 307. Nor will a vendor he allowed to purchase an outstanding title and set it up to defeat that which he has conveyed to his vendee or mortgagee. Bush v. Cooper, 26 Miss. Rep., 610.</p>