Alliance Trust Co. v. Nettleton Hardwood Co.
Mississippi Supreme Court
From the circuit court of Lee county. In 1890, S. H. Taylor and wife executed a deed of trust on lands to secure a debt, which was foreclosed in 1891, and the land was purchased by appellant. The land, however, was sold under an execution, after the making but before the foreclosure of the deed in trust, and was purchased thereunder by E. B. E. Taylor.
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From the circuit court of Lee county. In 1890, S. H. Taylor and wife executed a deed of trust on lands to secure a debt, which was foreclosed in 1891, and the land was purchased by appellant. The land, however, was sold under an execution, after the making but before the foreclosure of the deed in trust, and was purchased thereunder by E. B. E. Taylor. This execution sale was vacated by a suit in equity, instituted in 1.892 by appellant against E. B. K. Taylor and others, and the decree setting it aside was affirmed by the supreme court. Taylor et al. v. Alliance Trust Go., 71 Miss., 69é.…
1Opinion of the CourtWhitfield, J.
That the appellant is the real owner of the land from which the trees were cut, whose actual value is sought, in this suit, to be recovered, and had title, was settled in Taylor v. Trust Co., 71 Miss., 694 (15 South., 121). The declaration in this case contains three counts — trespass quare clauswn fregit, trespass de bonis asportatis, and trover. The plea of not guilty was interposed to all these counts, as was also the plea nil debet. It is not disputed that the appellee got the timber from Taylor, who had no title, and has converted it to its own use. The trees were cut by employes of the…
2Cases cited10 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Heath v. RossNew York Supreme Court · 1815
- Morgan v. VarickNew York Supreme Court · 1832
- Allen v. PooleMississippi Supreme Court · 1877
- Evans v. MillerMississippi Supreme Court · 1880
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3Cited by13 opinions
- Dead River Fishing & Hunting Club v. StovallMississippi Supreme Court · 1927
- Baldwin v. AndersonMississippi Supreme Court · 1912
- State Ex Rel. McCullen v. AdamsMississippi Supreme Court · 1939
- State, Ex Rel. v. DearMississippi Supreme Court · 1950
- Keppner v. Gulf Shores, Inc.Mississippi Supreme Court · 1985
8 more not listed; retrieve them via the Exa API.