Redfield v. Montgomery
Mississippi Supreme Court
Prom the circuit court of Madison county. Hon. J. B. Chrism an, Judge. Moses P. Simpson and his wife, M. J. Simpson, to secure a debt due by them to T. N. Jones, executed to A. J. Montgomery, trastee, a trust-deed, which, among other things, conveyed “ their entire interest in twenty-five bales cotton raised by them and any hands they may employ during the year 1892, on any land belonging to them or any other land they may cultivate during said year.”
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Prom the circuit court of Madison county. Hon. J. B. Chrism an, Judge. Moses P. Simpson and his wife, M. J. Simpson, to secure a debt due by them to T. N. Jones, executed to A. J. Montgomery, trastee, a trust-deed, which, among other things, conveyed “ their entire interest in twenty-five bales cotton raised by them and any hands they may employ during the year 1892, on any land belonging to them or any other land they may cultivate during said year.” Subsequently, Moses P. Simpson, to secure a debt to C. C. Redfield, conveyed to W. Gl. Redfield, trustee, all the crops to be raised by him…
1Opinion of the CourtCampbell, C. J.
The decision of this case by the circuit court was fully justified by the case of Draper v. Perkins, 57 Miss., 277, but that case is not supported by reason or authority, and is so manifestly wrong that it is hereby overruled. It cannot be accounted for, except by reference to the peculiar presentation by the record of the narrow question as to the admissibility in evidence of the deed; but, in any point of view the decision is wrong.
Reversed, and remanded for a new trial.
2Cases cited1 opinion
- Draper v. PerkinsMississippi Supreme Court · 1879
3Cited by3 opinions
- McDavid v. PhillipsTexas Supreme Court · 1906
- Hamilton Nat. Bank v. HarrisCourt of Appeals of Texas · 1924
- Danielson v. ReichertSupreme Court of Kansas · 1917