Turner v. Lilly
Mississippi Supreme Court
Error to the Circuit Court of Montgomery County. Hon. William Cothran, Judge. The plaintiff in error, who was the trustee in a deed of trust, brought au action of replevin against the grantors therein, for the recovery of a lot of lint cotton, the possession of which he 'claimed to be entitled to by the terms of the deed of trust.
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Error to the Circuit Court of Montgomery County. Hon. William Cothran, Judge. The plaintiff in error, who was the trustee in a deed of trust, brought au action of replevin against the grantors therein, for the recovery of a lot of lint cotton, the possession of which he 'claimed to be entitled to by the terms of the deed of trust. The action was commenced before a justice of the peace, in district No. 1 of the county, that being the district in which the deed of trust was executed. But the defendants were householders, and resided in district No. 2; the cotton was situated there, and there…
1Opinion of the CourtChalmees, J.
The trust-deed, by which the legal title to the cotton in •controversy was conveyed to the plaintiff below, was executed in justice’s district No. 1. The debtor who executed it resided then, and at the time of suit brought, in district No. 2. The •cotton also was grown, and was situated when the replevin *578writ was sued out, in district No. 2. Could the suit, under •■'these circumstances, be brought in district No. 1, upon the ground that ‘4 the debt was contracted or liability incurred ’ ’ in that district? Ordinarily, every householder or freeholder must, in the justice’s court, be sued in…
2Cited by1 opinion
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