Harper v. Lacey

Citations

• 62 Miss. 5

Syllabus

<p>1. Chancery. BUI for specific performance of joint title-bond. Pleading and practice. Evidence.</p> <p>Where, in a suit to enforce specific performance of a joint bond for title, conditional for a conveyance of the land upon payment of the purchase-money, one-half to each of two obligors, the bill alleges payment of the money due one of the obligors only, the complainant is not entitled to a decree for the relief sought, even though the evidence show that all of the purchase-money has been paid, there being no allegation upon which to introduce such evidence.</p> <p>2. Same. Bill to enforce joint title-bond. Parties.</p> <p>Both of the two obligors in a joint bond for title to land should be made parties to a bill by the obligee to enforce specific performance of such bond.</p> <p>3. Estate oe Decedent. Claim against. Proof of loss of written instrument. Competency of claimant.</p> <p>Our statute prohibiting a party in interest from testifying to establish his own claim against the estate of a deceased person does not preclude him from testifying to the loss of the written instrument upon which he bases his claim, for the purpose of laying a foundation for the introduction of the testimony of other persons, as secondary evidence, to prove the contents of such instrument.</p>