Legal Opinion

Richardson v. Toliver

Mississippi Supreme Court

Decided March 15, 1894PublishedCited by 2 opinions

Frcm the circuit court of Wilkinson county. Hon. W. P. Cassedy, Judge. Replevin by appellant, trustee in a deed of trust, against appellee for a horse. The horse belonged to appellee, the wife of Willis Toliver, who, on January 22, 1891, gave-a trust-deed thereon to secure a debt to Rothschild & Bro., merchants. On July 6, 1891, he gave them another trust-deed, and on March 12, 1892, a third.

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Frcm the circuit court of Wilkinson county. Hon. W. P. Cassedy, Judge. Replevin by appellant, trustee in a deed of trust, against appellee for a horse. The horse belonged to appellee, the wife of Willis Toliver, who, on January 22, 1891, gave-a trust-deed thereon to secure a debt to Rothschild & Bro., merchants. On July 6, 1891, he gave them another trust-deed, and on March 12, 1892, a third. Appellant, as trustee in the last deed, brought this action for the recovery of the horse. Defendant testified that she knew nothing of her husband’s giving a trust-deed on the horse, and denied having…

1Opinion of the CourtWoods, J.

There is a direct conflict in the evidence in a material matter, and the peremptory instruction given for defendant below was error. Morris Rothschild testified that, after the execution of the first trust-deed by appellee’s husband, on one occasion, when appellee was making some purchases in the store of Rothschild & Bro. — the beneficiaries in the trust-deed — on the account secured by that deed, the witness informed her of the fact that the horse in controversy was included in the trust-deed, and she made no claim to the animal. From the evidence of D. C. Miller it appears that appellee…

2Cases cited1 opinion

  1. Levy v. GrayMississippi Supreme Court · 1879

3Cited by2 opinions

  1. Morrison v. JonesMississippi Supreme Court · 1942
  2. N. O. & N. E. R. v. JonesMississippi Supreme Court · 1886

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