Adams v. Berg
Mississippi Supreme Court
From the circuit court of Monroe county. Hon. Lock E. Houston, Judge. The appellant, W. T. Adams, brought this action of replevin against the appellee, S. H. Berg, to recover certain machinery and tools alleged to be unlawfully detained. The property was sold by appellant on credit to one B. H. Adams, who, to secure the price, executed a trust deed upon the property to appellant.
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From the circuit court of Monroe county. Hon. Lock E. Houston, Judge. The appellant, W. T. Adams, brought this action of replevin against the appellee, S. H. Berg, to recover certain machinery and tools alleged to be unlawfully detained. The property was sold by appellant on credit to one B. H. Adams, who, to secure the price, executed a trust deed upon the property to appellant. The conditions of the trust deed having been broken, the appellant purchased the property at the trustee’s sale, and relied at the trial upon the title thus secured. In the notes which evidenced the purchase, it was…
1Opinion of the CourtCampbell, J.
Section 1300 of the code does not apply, except where the thing sought to be treated as the property of him who transacted business with it was in his possession in such business, with the consent of the owner. One who puts his property in the possession of another for use in his business, whereby that other is made to appear to be the OAvner, may justly be denied the right to assert his secret claim of OAvnership to such property, as against a creditor of him Avho used it in his business, and that is the provision of the statute. The appellant sold the articles to B. H. Adams, reserving…
2Cited by5 opinions
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- Louisiana Oil Corp. v. RobbinsMississippi Supreme Court · 1934
- Whittington v. Yazoo Delta Mortgage Co.Mississippi Supreme Court · 1927
- Archibald v. General Motors Acceptance Corp.Mississippi Supreme Court · 1935
- In re MathenyDistrict Court, S.D. Mississippi · 1932