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2 Miss. Dec. 736

Turner v. Acker

Mississippi Supreme Court

Decided May 8, 1882

Mississippi Supreme Court · decided 1882-05-08

Appellants filed their bill in the Chancery Court of Monroe county against appellees, J. M. Acker and A. S. Tubb and his wife, Mary E. Tubb, alleging that John B. Harris died in 1862 intestate, leaving Ms wife, Mary E. Harris (now Tubb), and complainant’s cMldren bis only heirs at law; that he owned a large estate, both real and personal, in Monroe county; that in November, 1862, his widow, Mary E. Harris, married A. S. Tribb, and in August, 1863, letters of administration…

Cited by 1 later decisions — most recently February 1969

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed, · Decided 1882-05-08

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¶1Opinion.

Chalmers, C. J.:

¶2The true construction of exhibit B is, that the delivery of the eighty bales of cotton and the sale of the land, which, according to the terms of the contract was to follow immediately upon such delivery, were to satisfy and discharge all indebtedness due by Harris’ estate to Acker. Appellants put too much stress upon the words of one sentence in the agreement, ignoring the manifest meaning of the entire instrument.

¶3No matter how plain the literal reading of a special clause of an instrument may be, it will not authorize a construction that will make the whole instrument an absurdity, or will strike other important clauses from the paper. Such would be the effect of the construction contended for by appellants in this case. It cannot be supposed for a moment that the parties intended that all the debts due by Harris’ estate should be paid and satisfied by the reception of less than half of the amount due, and that the land should then be sold under the trust deed, without the existence of any debts for which it could be sold. This would be a palpable ab- - surdity. Inasmuch, therefore, as there can be no question that a sale was stipulated to be made after the deliveiy of the cotton, it must be that the meaning is that it was the sale and the delivery of the cotton together which were to operate as a payment, and satisfaction of the mortgage. Any other construction than this makes the provision for a sale an absurdity, and we cannot ignore the fact that a sale was contemplated and stipulated for.

¶4Decree affirmed.

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