Mobley v. Keys

Citations

• 21 Miss. 677

Syllabus

<p>Under the statutes of this state, no objections upon general demurrer to a plea can be taken merely to the form- of the plea; the objection, to be available, must be such that “ judgment according to law, and the very right of the cause, could not be given; ” the objection, therefore, of duplicity is notavailable on general demurrer to a plea.</p> <p>ft'seems that where a bond for title to land is given, even if the contract of the vendee to pay be independent of that of the veiidor to make title, yet if the vendee, at the time stipulated for his payment, tender the money to the vendor, and demand a title according to the latter’s bond, and he is incapable of making it, it will be a good defence, on the part of the vendee, to an action against him, for the purchase-money.</p> <p>A vendor gave a bond conditioned to make title to the land sold the vendee, “ so soon as the purchase-money” stipulated in the bond should be paid ; to an action by the assignee of the vendor against the vendee upon the latter’s note for the purchase-money, he plead that the vendor “ had not and never had such title to the land as by the terms of his bond he was bound to convey; and that neither the plaintiff nor the vendor could make such a title as defendant was entitled to demand; ” a demurrer to the plea being sustained below, it was held, on review of the varipus decisions on the subject, that the covenants between vendor and vendee in this case, were concurrent and dependent, and the plea presented a good bar to the action.</p>