Pollard v. Thomas
Mississippi Supreme Court
Appeal from the Circuit Court of Chickasaw County. Hon. J. W. Buchanan, Judge. This action by the appellee against the appellant for the value of a mare resulted in a verdict for the plaintiff upon the following facts : Byrd Williams, who had given the appellant a trust deed on the mare, finding that it was unrecorded, sold her to Stark Hughes.
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Appeal from the Circuit Court of Chickasaw County. Hon. J. W. Buchanan, Judge. This action by the appellee against the appellant for the value of a mare resulted in a verdict for the plaintiff upon the following facts : Byrd Williams, who had given the appellant a trust deed on the mare, finding that it was unrecorded, sold her to Stark Hughes. A deed was soon afterward recorded from Hughes to W. J. Lyon conveying the mare in trust, with power to sell on the grantor’s default and with the proceeds pay a note when due the appellee. Before Hughes’s note, thus secured, became payable, the…
1Opinion of the Court
Cooper; J.,
delivered the opinion of the court.
The right of the appellee to the proceeds of the mare is purely an equitable one, and gives him no standing, suing in his own name, in a court of law. The action should have been brought by the trustee, or, if brought by the appellee, he should have sued in the name of the trustee for his use. Lowenburg v. Jones, 56 Miss. 688. In Elson v. Barrier, 56 Miss. 394, the objection that the suit was in the name of the cestui que trust was not made, and the defense, being technical, was not raised by the court. While it is true that one having the right…
2Cases cited4 opinions
- Ashby v. CarrMississippi Supreme Court · 1866
- Elson v. BarrierMississippi Supreme Court · 1879
- Hunt & Vaughan v. ShacklefordMississippi Supreme Court · 1877
- M. Lowenburg & Co. v. JonesMississippi Supreme Court · 1879
3Cited by1 opinion
- Frierson v. Mississippi Road Supply Co.Mississippi Supreme Court · 1954