Williams & Williams v. Crook
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. On the 9th of February, 1884, A. W. Porter executed a deed of trust to J. H. Williams, as trustee, for the benefit of Williams & Williams, upon the crops to be grown by the grantor during that year, and, as the deed recited, “the following described property now in my [the grantor’s] possession, viz.: one black horse, ten years old ; * * * and any increase of property, real or personal, that may be…
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. On the 9th of February, 1884, A. W. Porter executed a deed of trust to J. H. Williams, as trustee, for the benefit of Williams & Williams, upon the crops to be grown by the grantor during that year, and, as the deed recited, “the following described property now in my [the grantor’s] possession, viz.: one black horse, ten years old ; * * * and any increase of property, real or personal, that may be hereafter acquired by purchase or otherwise.” Some time after the execution of the deed of trust Porter traded the horse…
1Opinion of the CourtArnold, J.
The description of the horse by age and color, and as being in the possession of the grantor at the time the deed of trust was executed, was sufficient. The deed of trust was not void for uncertainty as to the description of the horse. Kelly v. Reid, 57 Miss. 89 ; Nicholson v. Karpe, 58 Miss. 34.
There could be no exchange or substitution of other property in lieu of that described in the deed of trust, even by agreement of the parties, so as to render the deed of trust a lien upon the substituted property as against third persons having no actual notice of the agreement and substitution. The…
2Cases cited5 opinions
- Kelly v. ReidMississippi Supreme Court · 1879
- Everman v. RobbMississippi Supreme Court · 1876
- Clark v. . FarrarSupreme Court of North Carolina · 1876
- Nicholson v. KarpeMississippi Supreme Court · 1880
- Mississippi Valley Co. v. Chicago, St. Louis, & New Orleans RailroadMississippi Supreme Court · 1881
3Cited by3 opinions
- Packwood v. AtkinsonMississippi Supreme Court · 1901
- Fidelity & Deposit Co. of Maryland v. B. F. Sturtevant Co.Mississippi Supreme Court · 1905
- In re the Assignment of RiceColumbiana County Probate Court · 1914