Davis v. Marx
Mississippi Supreme Court
Appeal from the Chanceiy Court of Copiah County. Hon. E. G. Peyton, Chancellor. The case is stated in the opinion of the court. Marx had actual and constructive notice that Martin held a deed in trust on all the live stock which Jackson might own during the year in which the roan horse was traded for the bay. Martin’s deed in trust was good as to personal property and stock which Jackson acquired during that year. Sellers v. Lester, 48 Miss. 513.
1Opinion of the CourtSimrall, C. J.
Samuel Jackson, being indebted to B. F. Martin $384, payable October 1, 1876, conveyed in trust, as security for the indebtedness, “ one iron-gray mule, one bay mule, four cows and calves, two yoke of oxen, and all other live stock and personal property that he may own during the year,” etc., and also one iron-gray horse. Soon after the deed was recorded, which was February 4, 1876, Jackson exchanged the gray horse for a bay horse, on the agreement with Martin that the bay was to be considered as substituted in the deed for the gray. Still later in March of the same year Jackson exchanged the…
2Cases cited5 opinions
- Butt v. EllettSupreme Court of the United States · 1874
- Perkins v. SwankMississippi Supreme Court · 1871
- Sillers v. LesterMississippi Supreme Court · 1873
- Cayce v. StovallMississippi Supreme Court · 1874
- Everman v. RobbMississippi Supreme Court · 1876
3Cited by3 opinions
- Marx v. DavisMississippi Supreme Court · 1879
- Rodes v. HaynesTennessee Supreme Court · 1895
- Alferitz v. PerkinsCalifornia Supreme Court · 1898