Adams v. Berg
Mississippi Supreme Court
Appeal from the Circuit Court of Monroe County. IIon. Lock E. Houston, Judge. This is an action of replevin brought by W. T. Adams against S. H. Berg, to recover possession of certain property, consisting of miscellaneous machinery. It appears that Berg purchased, the property in question on January 7, 1887, at an execution sale under a judgment in favor of himself against the “B. H. Adams Manufacturing Company.”
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Appeal from the Circuit Court of Monroe County. IIon. Lock E. Houston, Judge. This is an action of replevin brought by W. T. Adams against S. H. Berg, to recover possession of certain property, consisting of miscellaneous machinery. It appears that Berg purchased, the property in question on January 7, 1887, at an execution sale under a judgment in favor of himself against the “B. H. Adams Manufacturing Company.” Plaintiff claimed the property by virtue of a purchase under a deed of trust, of earlier date than the judgment, executed by B. H. Adams, individually, and also by virtue of certain…
1Opinion of the CourtCampbell, J.
Passing by all other questions, it appears to have been a Control verted question of fact whether the goods were “used'or acquired ” *6in the business of the “R. H. Adams Manufacturing Company” or not. Berg testified that they were, and Adams not only denied this, but testified that no such being existed as the company named. Certainly, if Adams’ testimony is true, the goods were not vested in Berg by his purchase. Adams’ creditors were, entitled to subject them under § 1300 of the Code, but not the creditors of the company spoken of. The instruction to the jury to find for the defendant should…
2Cited by2 opinions
- Archibald v. General Motors Acceptance Corp.Mississippi Supreme Court · 1935
- In re MathenyDistrict Court, S.D. Mississippi · 1932