McPherson v. Acme Lumber Co.
Mississippi Supreme Court
Prom the circuit court of Lauderdale county. Hon. S. H. Terral, Judge. Replevin by Wallace McPherson against the Acme Lumber Company. The ease was, by consent, tried before the court without a jury, upon an agreed statement of facts, the substantial parts of wbicb are as follows: In January, 1891, McPherson sold to the Acme Lumber Company certain personal property, being the machinery and outfit for a dry-kiln.
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Prom the circuit court of Lauderdale county. Hon. S. H. Terral, Judge. Replevin by Wallace McPherson against the Acme Lumber Company. The ease was, by consent, tried before the court without a jury, upon an agreed statement of facts, the substantial parts of wbicb are as follows: In January, 1891, McPherson sold to the Acme Lumber Company certain personal property, being the machinery and outfit for a dry-kiln. The written contract between the parties provided that, upon receipt of the bill of lading for the property purchased, the lumber company should paya certain sum in cash, and execute…
1Opinion of the CourtWoods, J.
1. The law is well settled in this state, that the vendor of personal property, under a conditional sale, whereby title is reserved in himself until notes evidencing the,debt for the purchase-price have been paid, may sue in assumpsit on the notes, and, at the same time, institute replevin for the recovery of the property, title to which was retained, for the purpose of availing of this security for the payment of his debt. It is supposed, however, that, as McPherson, the appellant, has assigned and transferred all the unpaid notes to different parties, and that, as these third parties are…
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