Black, Todd & Co. v. Robinson
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Whabton, Judge. On the 15th of April, 1882, David Warner executed a deed of trust upon his crop to be grown that year, his horses, mules, cattle, and other personal property, to secure the payment of his promissory note of that date, given to Black, Todd & Co., merchants, for the sum of four hundred and twenty-three dollars and fifty cents, then advanced or to be thereafter furnished in money and supplies by them to…
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Whabton, Judge. On the 15th of April, 1882, David Warner executed a deed of trust upon his crop to be grown that year, his horses, mules, cattle, and other personal property, to secure the payment of his promissory note of that date, given to Black, Todd & Co., merchants, for the sum of four hundred and twenty-three dollars and fifty cents, then advanced or to be thereafter furnished in money and supplies by them to him during that year. The 1st day of October, 1882, was the date named for the maturity of the note. On the 27th of…
1Opinion of the CourtCampbell, C. J.
It was error to refuse the first and seventh instructions asked by the appellants and to give the sixth for the appellee. If the cotton was not produced by Lucy Warner, but was a part of her husband’s crop, and her title to it was derived from her husband, the transfer was invalid unless it was in writing, acknowledged, and filed for record as required by § 1178 of the Code of 1880. If the title of Lucy Warner was not valid, the appellee, her vendee, acquired no right to the cotton and could not maintain this action, which rests on the assumption of a legal title in the appellee to the cotton…
2Cited by5 opinions
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