Jagers v. Griffin

Citations

• 43 Miss. 134

Syllabus

<p>1. Contbact — Considekation—Rescisión.—To an action of assumpsit begun in . 1866, for the collection of the purchase money of a slave, sold in 1861, a special pleai setting forth that the sale was made under a defective decree of the probate court, and not averring any offer or effort to return the slave, or to rescind the contract, is no defense to the action.</p> <p>2. Sake. — Nor are the same facts, with the additional facts that the seller of the slave would not have accepted the return of the slave if offered, and that the slave ran away from the purchaser and was emancipated by the United States, which prevented an offer to return the slave and rescind-the bai'gain, be admissible as defense, under notice filed with a plea of non assumpsit.</p> <p>8. Notice — Dumgence.—Nembie: That a purchaser of personal property under defective proceedings in the probate court — such proceedings being o'f record, easy of access, and open to public examination — can have no advantage from want of notice of such proceedings being defective.</p> <p>4. Rescisión oe Sale eob Defect oe Title. — An offer to rescind must bemade in due time, for a competent reason, and accompanied by a tender of the return of the property. Nothing less will absolve the purchaser from payment.</p>