Elson v. Barrier
Mississippi Supreme Court
Error to tbe Circuit Court of Lauderdale County. Hon. J. S. Hamm, Judge. In April, 1876, J. C. Ward executed a deed of trust on his crop to be grown that year, to B,. Wilson, as trustee, to secure a debt of $93 which he then owed B. J. Barrier, and $70 to be advanced in supplies to him during the year by Barrier. The parties resided in Neshoba County, the crop was to be produced there, and the deed of trust was executed and recorded in that county.
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Error to tbe Circuit Court of Lauderdale County. Hon. J. S. Hamm, Judge. In April, 1876, J. C. Ward executed a deed of trust on his crop to be grown that year, to B,. Wilson, as trustee, to secure a debt of $93 which he then owed B. J. Barrier, and $70 to be advanced in supplies to him during the year by Barrier. The parties resided in Neshoba County, the crop was to be produced there, and the deed of trust was executed and recorded in that county. In September, 1876, Ward notified Barrier that he had some cotton ready to be ginned. Barrier gave Ward bagging and ties with which to bale the…
1Opinion of the CourtCampbell, J.
The result reached in the Circuit Court in this case is correct, and will not be disturbed, although the contest was made on what we do not regard as the real ground of controversy suggested by the facts.
Plaintiffs in error were purchasers of the cotton conveyed by the deed of trust, with full legal notice of the right of defendant in error as the beneficiary in the deed of trust. The fact that the cotton was sold in a county other than that in which the deed of trust was recorded, did not release it from the deed of trust. Code, sect. 2305; Bogard v. Gardley, 4 Smed. & M. 302.
It is claimed…
2Cases cited2 opinions
- Westmoreland v. WootenMississippi Supreme Court · 1876
- Cloud v. State ex rel. McAlexanderMississippi Supreme Court · 1876
3Cited by6 opinions
- Globe Grain & Milling Co. v. De Tweede Northwestern & Pacific HypotheekbankCourt of Appeals for the Ninth Circuit · 1934
- Federal Land Bank v. Leflore CountyMississippi Supreme Court · 1934
- Young v. Boise Payette Lumber Co.Idaho Supreme Court · 1928
- Fly v. KingMississippi Supreme Court · 1893
- Pollard v. ThomasMississippi Supreme Court · 1883
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