Mississippi Supreme Court, 1884

Hays v. Mercer

Hays v. Mercer
Mississippi Supreme Court · Decided November 3, 1884 · Takes
1 Miss. Dec. 185

Counsel

Attorneys for appellant, Gwin & Noel. , Attorneys for appellee, Hoolcer & Wilson.

Hays v. Mercer

Opinion of the Court

Per Curiam:

The appellee was entitled to a decree, but not to that rendered, for according to his bill, the last installment of the purchase money was not due when the decree was made. It was, therefore, *190premature to embrace that in the decree which should have been: for what was then due.

We reverse the decree, and will enter here such decree as the-court below should have given, or remand the cause if desired by ■ complainant so that he may get a decree for the last installment: now due. ;

Judge Cooper takes no part in this case.

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