Clymer v. Powell

Citations

• 56 Miss. 672

Syllabus

<p>VENDOR, and Vendee. Bond for title. Action 'to recover possession. Transfer of notes and title. Defence.</p> <p>P. sold a tract of land to 0., giving his bond for title, and talcing from C. three promissory notes for the purchase-money. C. thereupon went into possession of the land. After the maturity of the first note, C. having failed to pay the same, P. brought an action of unlawful detainer to recover the possession of the land. On the trial, 0. offered to prove that, before any of the notes became due, P. had transferred them to L., and had also procured the legal title to the land to be vested in L. The court refused to admit any evidence of these facts. Held, that the evidence offered should have been admitted, and if it established the facts which the defendant proposed to prove, the plaintiff was not entitled to recover.</p>