Partee v. Bedford

Citations

• 51 Miss. 84

Syllabus

<p>1. Vendor and Vendee : Note of a third party; effect thereof.</p> <p>Whether the transfer of anote at the time of the purchase of property shall operate as collateral security or absolute payment, is purely a matter of agreement, and the intention of the parties with reference thereto must determine. In the absence of any agreement to the contrary, express or implied, the transfer and delivery of a note at the time of the purchase of property is presumed a payment; but, if it be for an antecedent debt, it is only a conditional payment.</p> <p>2. Decree oe Chancellor : Gonclmiveness thereof.</p> <p>The presumption in favor of a decree reaches the conclusions upon both the law and the facts. The decree will not be disturbed unless shown to be against the weight and preponderance of evidence, or without sufficient competent evidence, In this it is analagous to the verdict of a jury, but not, like the verdict of a jury, conclusive.</p> <p>[Note. — The court review the cases of Davis v. Richardson and May, 45 Miss., and Apple v. Ganong, 47 id., and say that nothing more was meant by the language used in those cases than that the decision of the chancellor on the evidence is presumptively correct, and that it would not be disturbed unless opposed by the weight of evidence.]</p>