Mississippi Supreme Court January 15, 1850 (Wiggins v. McGimpsey ex rel. Robertson)

Mr. Justice Smith

delivered the opinion of the court.

This was an action of assumpsit brought in the circuit court of Madison, on the promissory note of the plaintiffs in error. The note was given to secure, in part, the purchase-money of a tract of land sold by McGimpsey, the nominal plaintiff below, to Wiggins, one of the plaintiffs in error, in 1839.